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(영문) 광주지방법원 2016.07.14 2015고정1259
사회복지사업법위반
Text

Defendant

A shall be punished by a fine of KRW 2,00,000 (per million), but if the fine is not paid, KRW 100,000 (per million).

Reasons

Punishment of the crime

- Defendant A is the representative of the incorporated association in Gwangju North-gu, Gwangju (hereinafter “G”), and the above G was entrusted with I located in Gwangju-gu, Nam-gu, Gwangju-gu, and operated kimchi manufacturing and sales business from April 1, 2012 to March 31, 2015.

The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall guide and supervise the affairs under the jurisdiction of a person who operates social welfare programs, and may, if necessary, order the person who operates social welfare programs to submit a report or related documents, or have a public official under his/her jurisdiction enter the office or facility of a social welfare foundation to inspect or ask questions

In such cases, no report shall be made without justifiable grounds, or a false report shall be made, or no data shall be submitted or false data shall be submitted.

Nevertheless, on March 19, 2015, the Defendant: (a) visited the said I office on March 23, 2015, and requested the submission of relevant documents, etc. to inspect documents and to verify goods in order to select a new operating corporation; and accordingly, (b) on March 23, 2015, four public officials, including K, etc., belonging to the Nam-gu Office of Gwangju to conduct supervision and supervision for the preparation of handover; (c) on March 23, 2015; and (d) around 10:30 on March 24, 2015; and (d) failed to submit relevant documents, etc. without justifiable grounds, such as refusing to comply therewith.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The legal statement of K Witness;

1. Each protocol concerning the suspect examination of the police officers against the Defendants

1. Statement to K by the police;

1. The filing of a complaint, I's entrustment operation agreement, notification of and notification of guidance and supervision on the change of a corporation entrusted with the I operation of South-gu I, and the receipt of a public official in charge of guidance and supervision (Evidence Nos. 2 through 9) of the evidence list;

1. Article 54 subparagraph 7 of the Social Welfare Business Act and Article 51 (1) of the same Act concerning facts constituting a crime;

1. The aggravated Criminal Act for concurrent crimes.

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