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(영문) 서울중앙지방법원 2017.08.24 2017고단3017
변호사법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

57,400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, who is not an attorney-at-law or a certified labor attorney, ordered workers or patients to receive insurance proceeds from industrial accident compensation through the staff of the Labor Welfare Corporation, advisory doctors of the Labor Welfare Corporation, etc., submitted the application documents, etc. to the Labor Welfare Corporation and received fees in return therefor.

1. No person, other than an attorney-at-law who has violated legal principles or certified labor relations shall handle any representation, legal counseling, preparation of legal documents and other legal affairs concerning legal cases in return for receiving or promising to receive money, valuables, etc. from the person concerned;

A person who is not an authorized labor worker shall not engage in the duties of an authorized labor worker as his/her business, such as acting for or on behalf of the relief of rights, etc. under labor-related statutes.

On July 2012, the Defendant informed the patient E, who wants to receive industrial accident compensation insurance money from the “D Hospital,” which is a hospital specialized in Suwon-si, Seoul, of the claim for benefits under the Industrial Accident Compensation Insurance Act, the state of disability, the amount of benefits, and the method of receiving larger benefits, and submitted a written claim for disability benefits to the Labor Welfare Corporation.

around August 1, 2012, the Defendant received KRW 22,200,000,000 from E to the account in the name of a national bank in the name of the Defendant, as a fee, for a lump sum of 74,773,540 won for industrial accident compensation insurance disability paid by E from the Labor Welfare Service, and received KRW 57,40,00 in total eight times from July 14, 2010 to April 11, 2013, as indicated in the list of crimes.

As a result, the defendant is not an attorney-at-law and is engaged in legal affairs, such as representation, legal counseling, preparation of legal documents, and other legal affairs. At the same time, even if he is not a certified labor attorney, he is provided with money and valuables as a proxy, agent, preparation of related documents, etc. under labor-related laws and regulations.

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