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(영문) 서울서부지방법원 2017.08.31 2016고단3889
장애인복지법위반
Text

Defendant

B Imprisonment for 6 months, Defendant A shall be punished by a fine of 5 million won, respectively.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a business owner of "F" in Eunpyeong-gu Seoul Metropolitan City, and the Enforcement Decree of the Act on Welfare of Persons with Disabilities of Grade III with Intellectual Disabilities (attached Table 1) is the type of and standards for persons with disabilities.

6. A disability list of persons with disabilities referred to in attached Table 1] of the Enforcement Rule of the Act on Welfare of Persons with Disabilities, who are considerably difficult to develop intellectual abilities, to insufficient or incomplete and to adapt to social life due to permanent delay of mental development of persons with intellectual disabilities;

6. A person with intellectual disabilities with at least 50 but not more than 70 intellectual disabilities, who is a victim G (the victim G (the victim of 45 years of age) who is a person capable of social and professional rehabilitation through education, from June 201 to June 10, 201, is a person employed as the main subsidy of the above restaurant; the suspect B is a person who is a victim’s mother, and the victim B was supported from around 1988.

1. On June 201, the Defendant was offered to employ the above victim from B at the above restaurant around June 201, and entered into a labor contract with the victim to provide the victim with the benefits of KRW 800,000 every month and the accommodation, on condition that the victim and the victim work as the main subsidy from KRW 09:0 to 21:00 each day.

The above restaurant operated by the defendant is classified into a restaurant operated for 24 hours by the main room, a camera, an alone, etc., and is classified into the duties of each area and the duties of delivery, and based on 21:00, a weekly and night employee works alternately.

The role of the victim in charge of the victim is to assist in cooking food in the course of simple work, such as life of the face, snowing, vegetable hand, etc. in the kitchen, while the head of the night room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room, etc.

Although anyone is prohibited from engaging in any unfair profit-making activity by using any disabled person, the victim has developed intellectual ability as a intellectual disabled person.

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