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(영문) 인천지방법원 2020.02.11 2019고정2527
고용보험법위반
Text

Defendant

A shall be punished by a fine of KRW 700,000,000,000,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established on May 2, 2016 for the purpose of providing other office support services under the Cbuilding D of Yeongdeungpo-gu Seoul Metropolitan Government.

1. No person who is a defendant A shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means;

Nevertheless, in collusion with E, the defendant A provided normal work without reducing working hours for a period of childcare in the stock company B, and the defendant A submitted a false statement of reduction of working hours for a period of childcare as if he/she used the reduction of working hours for a period of childcare.

In addition, on February 15, 2019, E illegally received KRW 3,500,000 by adding the amount of reduction of working hours for a period of childcare to five times in total, as shown in the attached crime list, by submitting a false certificate of reduction of working hours for a period of childcare and an application for payment of reduction of working hours for a period of childcare on February 27, 2019, stating that “from January 1, 2019 to December 31, 2019”, as the period of reduction of working hours for a period of childcare to the Incheon Employment Center of the Busan Regional Employment and Labor Office.

2. In order to prevent a violation under Article 116 of the Employment Insurance Act in connection with the business of a representative of a corporation, or an agent, employee, or other servant of the corporation or an individual, the business owner shall not be negligent in giving due attention and supervision concerning the relevant duties to prevent such violation;

Nevertheless, Defendant B was negligent in giving due attention and supervision to prevent such violations as discussed above by E and Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. A records of driving, receipts, employment contracts, details of receipt of subsidies for reduction of period of childcare, applications for benefits for reduction of period of childcare, and applications therefor;

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