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(영문) 서울중앙지방법원 2020.03.27 2019고정556
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a worker working on a construction site in the vicinity of Seoul Metropolitan Government.

No person shall receive unemployment benefits, childcare leave benefits, or leave benefits before childbirth by fraud or other improper means.

Nevertheless, the Defendant filed a false report on the unemployment benefits recognition date, or filed a false report on the reduction of the actual working days and received unemployment benefits for 14 minutes per 652,170 won for unemployment benefits as shown below in the following crime list.

The summary of the evidence of KRW 1,257,760 won 467,760 won 465,840 won 465,12/25-225-22228 days (4 days) 1,304,350 won 186,30 won 56 days (14 days) 2,562,562,110 won 652,17/12,270 won 2017/1222, 2017/125, 2017/12,350 won 186,30 won 56 days (14 days) 2,562,110 won

1. Legal statement of the witness B;

1. A protocol concerning the examination of partial police officers of the accused;

1. B police statements and written confirmation of investigation process;

1. Fact-finding investigation and reporting on handling of illegal demand and supply;

1. Applications for unemployment recognition;

1. A written statement of voluntary report;

1. All the data on the employment insurance system, including personal benefits and inquiries;

1. Documents submitted by the workplace (the details of labor, the details of wages transferred, etc.);

1. Notification of the examination and decision of employment insurance;

1. Application of the Acts and subordinate statutes to each notice of restrictions on unemployment benefits, return orders, and additional collection;

1. Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the same Act and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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