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(영문) 광주지방법원 2013.05.08 2013고단1090
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

From May 1, 2009 to May 21, 2009, the Defendant worked for 17 days in total at the 16-day development site in the area of the development project around the theater and the development site of the D.D. E. E. S. repair site.

Nevertheless, the Defendant, on May 28, 2009, filed an application for recognition of eligibility for employment insurance with the head of the Gwangju Regional Labor Support Center at the Gwangju-dong-gu 121 Gwangju District Employment Support Center for recognition of eligibility for employment insurance (report of unemployment) and received false recognition of eligibility for employment insurance by reporting that the number of working days during one month prior to the date of application for recognition is less than

Since then, the Defendant received the total amount of job-seeking benefits of KRW 5,184,00 on seven occasions from June 25, 2009 to November 30, 2009 by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement of investigation and receipt of a report on illegal receipt;

1. An application for recognition of eligibility for employment insurance benefits, written confirmation, personal benefit details inquiry, and each application for recognition of employment insurance unemployment;

1. The application of Acts and subordinate statutes to reply to each request for verification of the details of daily work for employment insurance, each statement of payment of expenses for daily work, and reply to correction of the details of daily work;

1. Article 116(2) of the former Employment Insurance Act (amended by Act No. 11274, Feb. 1, 2012) (amended by Act No. 11274, Feb. 1, 201);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that, although he did not meet the requirement for receiving unemployment benefits, he was informed by the Labor Office that he would file an application for unemployment benefits, he/she would have received unemployment benefits as stated in the judgment, and that there is justifiable reason to receive unemployment benefits as stated in the judgment.

However, according to the evidence of the judgment, there was a challenge to confirm whether the defendant's application for recognition of eligibility for employment insurance is less than 10 days a month prior to the date of application for eligibility for benefits.

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