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(영문) 서울동부지방법원 2020.10.15 2020고정701
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant received unemployment benefits from December 3, 2019 to October 31, 2019 upon recommendation of resignation due to managerial needs, and from November 26, 2019 to March 3, 2020 by submitting an application for recognition of eligibility for unemployment benefits at the Seoul East Employment Center.

No person shall receive unemployment benefits, childcare leave benefits, or leave benefits before and after childbirth by fraud or other improper means, and a person who intends to receive unemployment benefits shall be in a state of being unemployed despite being able and able to work.

Nevertheless, the Defendant, upon applying for recognition of eligibility for benefits on November 26, 2019, was employed on August 25, 2018 to E located in Songpa-gu Seoul Metropolitan Government C and D, and had not been unemployed until December 31, 2019, but concealed such fact, and applied for false recognition of eligibility for benefits to the Seoul East Employment Center on November 26, 2019, and received unemployment benefits of 480,960 won from the same center on December 11, 2019, unlawfully paid 4 times in total, including 5,531,040 won, total unemployment benefits of 92 days, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Details of deposits in the savings account for benefits, application of employment contracts in 2018, employment contracts in 2019, and Acts and subordinate statutes on internal investigation reports (including attached documents);

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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