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(영문) 서울동부지방법원 2014.01.17 2013고정2894
고용보험법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been employed as C’s employee in Mapo-gu Seoul Metropolitan Government as from November 12, 2012.

Since November 12, 2012, the Defendant had been working as the above C’s employee, the Defendant had expressed his request to D, the representative of the said company, to file an application for unemployment benefits as if he were in a de facto state without filing an employment insurance report, despite the absence of eligibility to receive unemployment benefits.

Accordingly, on November 19, 2012, the Defendant applied for unemployment benefits as if he was in a de facto position at the employment center of the Seoul Eastern District Office located in Songpa-gu Seoul Metropolitan Government, and received from the non-standing employees the total amount of KRW 3,600,000 on April 20, 2012 as unemployment benefits under the name-based unemployment benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Employment Insurance Act concerning facts constituting an offense, and Article 116 (2) of the Employment Insurance Act which selects a penalty;

1. Articles 70 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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