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(영문) 서울남부지방법원 2016.11.10 2015고정2257
노인복지법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A Occupant Cooperative is a corporation comprised of the occupants of F, a residential welfare facility for older persons in Gangseo-gu Seoul Metropolitan Government E, and Defendant B is the representative of the above corporation.

Where any person other than the State or local governments intends to establish residential welfare facilities for older persons, it shall report to the head of the competent Gu.

The Defendants, from January 14, 2015 to April 9, 2015, on the grounds that the management agent company in the Gangseo-gu Seoul Metropolitan Government Management Agency, which reported the establishment of a housing welfare facility for older persons, F, which is a residential welfare facility for older persons in Gangseo-gu, cannot be operated normally due to liabilities, etc., of the said F, was in charge of the collection and disbursement of the management expenses of the said F, and operated the F, a welfare house for older persons, without reporting to the competent authority, such as employment of employees for the F.

Summary of Evidence

1. Defendant B’s partial statement

1. Application of the Act on the Legal Statement of Witness I;

1. A tenant cooperative for criminal facts: Article 60, Article 57 subparagraph 1, Article 33 (2) of the Welfare of Older Persons Act: Subparagraph 1 of Article 57 of the Welfare of Older Persons Act and Article 33 (2);

1. Defendants who are to choose punishment and suspend sentence: Determination of fines, 300,000 won;

1. Defendant B detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence asserts to the effect that the defense counsel’s assertion on the defense counsel’s assertion as to Article 59(1) of the Criminal Act (i.e., the Defendants’ inevitable and imminent reasons for the commission of operation, (ii) the degree of infringement of public interest caused by the crime or the degree of impeding legislative purpose, and (iii) the degree of undermining the public interest by the crime, and (iv) the Defendant B did not have any penal power except for the punishment-related criminal records before 20 years ago) did not have the possibility of expectation for reporting the establishment of residential welfare facilities for the aged, or that the Defendants’ operation does not constitute a violation

However, the Defendants’ act of operation has been reported.

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