Defendant

A Imprisonment with prison labor of one year and six months, Defendant B and D, and Defendant C with prison labor of one year and two months, and Defendant C with prison labor of one year and four months, respectively.

Punishment of the crime

According to Article 44 of the former Welfare Act (amended by Act No. 8367 of Oct. 12, 2007), the State, local governments, and other public organizations shall determine the items and quantities of the goods required to be produced by welfare facilities for disabled persons and welfare organizations for disabled persons within the scope of the items and quantities determined by the head of health and welfare department, and request them to produce them each year. Upon receipt of a request for purchase of the goods, they shall preferentially purchase them. The State, local governments, and other public organizations may purchase goods produced by welfare facilities for disabled persons and welfare organizations for disabled persons under a contract on the number of goods produced by welfare facilities for disabled persons. Welfare facilities for disabled persons or welfare organizations for disabled persons shall directly participate in the final production process of the goods concerned, and shall participate by at least five disabled persons in the production process of the goods, and the number of workers participating in the production process of the goods shall be disabled persons.

Meanwhile, according to Article 3 of the former Special Act on the Preferential Purchase of Products manufactured by Persons with Disabilities (amended by Act No. 8945 of September 22, 2008), the State and local governments shall comprehensively and effectively promote support and policies necessary to facilitate the preferential purchase of products manufactured by persons with severe disabilities. According to Article 7 of the same Act, the head of a public institution shall promote the preferential purchase of products manufactured by persons with severe disabilities, and the public institution may purchase products manufactured by persons with severe disabilities by multiple contracts. In order to be designated as facilities for products manufactured by persons with severe disabilities, at least five persons with disabilities who participate in the process of direct production or provision of services by products manufactured by persons with severe disabilities shall be at least 70/100 of the total workers with disabilities, and at least 60/100 of the persons with severe disabilities among persons with disabilities.