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(영문) 광주지방법원 2020.05.13 2020고정21
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

The Defendant is working in Co., Ltd. located in Gwangju Northern-gu B.

On January 15, 2019, a person who retired from office on the recommendation of a business owner, and applied for eligibility for unemployment benefits to the Gwangju Employment Center on January 25, 2019, and received unemployment benefits amounting to KRW 5,531,040 on a total of four occasions from February 1, 2019 to May 3, 2019.

No person shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means.

Nevertheless, the Defendant received unemployment benefits amounting to KRW 1,623,240 on February 1, 2019 through February 27, 2019 without filing a report on the unemployment recognition date on February 8, 2019 and March 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as eligibility applications and applications for unemployment recognition, employment insurance payment history, and details of benefits payment;

1. Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the same Act and the selection of fines for criminal facts;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable condition that does not return the amount of illegal receipt: The crime of this case is recognized, the violation of his or her mistake is committed, the absence of criminal records in the same kind of crime, and the amount of benefits not received by the employer is considerable. As above, the punishment shall be determined as ordered by taking into account all the circumstances of the defendant’s poor circumstances, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and all

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