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(영문) 서울북부지방법원 2020.01.09 2019고정1560
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 February 20, 2018, the Defendant applied for eligibility for unemployment benefits and received unemployment benefits corresponding to the period from February 27, 2018 to May 1, 2018, and applied for early re-employment allowances (or 1/2 of the remaining unemployment benefits if he/she works for one year after employed during the period of unemployment benefits) to the Seoul Northern Employment Center as of May 11, 2018, and applied for early re-employment allowances (or 1/2 of the unemployment benefits if he/she works for one year after employed during the period of unemployment benefits).

No person shall receive unemployment benefits, childcare benefits, or leave benefits before and after childbirth by fraud or other improper means, and when a person eligible for unemployment benefits provides labor or starts up a business during the period for which he/she wishes to obtain unemployment recognition, he/she shall report such fact to the head of an employment

Nevertheless, the Defendant, who was employed and continued to work from March 16, 2018 in the Seocho-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., applied for recognition of unemployment falsely on May 1, 2018, and filed a claim for early re-employment allowance on May 14, 2019, and received the total of KRW 4,635,450 from the Seoul Northern Employment Center as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The report of unlawful acts;

1. Computer inquiry into employment insurance and demand for early re-employment allowances;

1. Application of statutes on service contracts, work books, and employment contracts;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Act on the Selection of Punishment for Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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