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(영문) 대전지방법원 2020.09.01 2020고정59
근로자직업능력개발법위반등
Text

Defendant

A A Fines 15,00,000 won, Defendant B’s fine 3,000,000 won, and Defendant C’s fine 1,000,000 won.

Reasons

Punishment of the crime

[In the Ministry of Employment and Labor, the Ministry of Employment and Labor carries out a “school-based education and training system,” which is a field-based education and training system that enables a general company to provide theoretical and practical training suitable for the NSC (National Skill Standards) by employing young people, so that they can receive technical knowledge and obtain qualification.

Accordingly, the Human Resources Development Service of Korea shall select enterprises that conduct the daily learning-related classes system, and the selected enterprises shall provide education and training to their employees in compliance with the NSC, such as training expenses, company site teachers' allowances, and expenses for youth training.

【Criminal Facts】

1. Defendant A is a person who, from October 2014 to January 3, 2018, operated the building D, the electronic, electrical, and fire-fighting parts manufacturing and selling company F (hereinafter “F”), and from January 4, 2018, operated the G (hereinafter “G”) which is the same kind of enterprise from around January 4, 2018.

No person who violates the Act on the Development of Workers' Vocational Skills shall receive subsidies or loans pursuant to the Act on the Development of Workers' Vocational Skills by fraud or other improper means.

From May 22, 2017 to March 13, 2019, the Defendant selected four employees from the above company as learning workers of the daily learning parallel system, including H, I, J, and K, while taking on-site training for up to 30 minutes a day, the Defendant stated the completion of the training to receive training fees and expenses for human resources, as “24 hours a day” in the indictment for 2-4 hours a day, but according to the evidence records, the Defendant’s “2-4 hours a day” is a clerical error in the evidence records.

As if on-site training has been conducted in each lecture room and production site, training implementation inspection table, major confirmation matters for conducting training, consulting report on the operation of learning enterprises, and attendance records of learning workers shall be falsely prepared, and training expenses for the on-site education project based on the aforementioned false data.

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