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(영문) 서울남부지방법원 2020.06.12 2019고단6525
근로자직업능력개발법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] From October 2017, the Defendant, a subordinate business operator of B, as a “Gangnam Branch,” a subordinate business operator of B, has been working as a subordinate business operator of C from early 2018.

B and C receive subsidies from the Industrial Manpower Agency through the Ministry of Employment and Labor to cover the full amount of training expenses and to cover part of the training expenses for workers who have completed the training when a workplace is engaged in vocational training conducted by a vocational training institution with the approval of the vocational ability development training course conducted by the Ministry of Employment and Labor, and the Defendant, as a subordinate business operator of B and C, was in charge of job placement. In the case of the vocational ability development training course conducted by the Ministry of Employment and Labor, i.e., vocational ability development training course conducted by the Ministry of Employment and Labor when a trainee who is an employee of a workplace conducts vocational training, according to the vocational training course and smart training course conducted by the Ministry of Employment and Labor, the rate of learning completion is at least 80/10, and the evaluation result is at least 60 out of 100, but less than 60 points,

On February 2, 2018, in collusion with the above B Representative D and C Representative E, the Defendant intended to send a answer sheet to workplace trainees so that they can easily complete statutory compulsory education, such as industrial safety and health education, etc., which is occupational ability development training courses. After collecting workplace trainees, the Defendant sent a answer sheet to the evaluation test by e-mail of trainees, sent a answer sheet to the evaluation test using e-mail of trainees, and let trainees report the answer sheet and complete the evaluation test. Based on this, the Defendant collected the worker’s training fee through the Ministry of Employment and Labor.

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