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(영문) 대전지방법원 천안지원 2017.03.23 2017고정129
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant applied for employment insurance benefits to the branch office of the Daejeon Regional Labor Office, and received job-seeking benefits upon recognition of unemployment on October 23, 2014.

Where a beneficiary provides labor or starts up a business during the period in which he/she intends to obtain unemployment recognition, he/she shall report such fact to the head of the employment security office.

On December 1, 2014, the Defendant did not report to the head of the Employment Security Office, even though he/she had been employed in the mine mine unemployment plan, and applied for unemployment benefits on December 1, 2014 and December 26, 2014, and received the total of 2,80,000 won of job-seeking benefits around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of a detailed statement of history of insured status, a statement of history of insured status, a detailed statement of work for employment insurance day, a labor contract, a statement of wages, and statutes governing wrongful supply and demand survey;

1. Article 116 (2) of the Employment Insurance Act (a comprehensive determination of fines, etc.) on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined by taking into account the amount of unemployment benefits illegally received and demanded for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the method of illegal receipt and demand, whether illegal benefits are returned, and other various sentencing conditions, including the Defendant’s age, sex, environment, etc.

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