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(영문) 대구지방법원 포항지원 2016.09.28 2016고단756
고용보험법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is the representative director of the (main) C (hereinafter referred to as the "C") who is engaged in the business of manufacturing metal assembly structural materials in south-gu E at port, Nam-gu, and the defendant A is the employee of C.

1. Defendant B and A’s joint crime committed on July 31, 2013 retired from the office of the head of the Central Office of Home Affairs, and on August 2, 2013, Defendant A received unemployment benefits upon applying for recognition of eligibility for employment insurance on August 2, 2013, Defendant A was employed to C on August 23, 2013 and was discharged from the office until January 31, 2014.

Recognizing that Defendant A’s early reemployment allowance (in the event that a person eligible for unemployment benefits has worked for at least six months after re-employment at an early stable workplace) and unemployment benefits, the Defendants were willing to receive early reemployment allowance and unemployment benefits by manipulating relevant documents as if the period of service in C exceeds six months.

A. On February 24, 2014, Defendant A received early reemployment allowances: (a) requested early reemployment allowances of KRW 3,320,000 from the branch office of the port of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the labor office of Daegu Regional Labor Organization of 430 as of the new YY as of February 24, 2014; (b) Defendant B submitted to the said branch office of the branch office of the former branch office a business owner’s confirmation that Defendant A had worked for at least six months; and (c) received early reemployment allowances of KRW 3,320,000 on February 25, 2014.

B. On April 18, 2015, Defendant A filed a claim for unemployment benefits as if he/she retired from the branch office of the foregoing paragraph on April 15, 2014, and Defendant B filed a report on the loss of employment insurance and the confirmation of severance from employment to April 15, 2014, Defendant A received the amount of KRW 3,600,000 as unemployment benefits.

As a result, the Defendants conspired to receive early reemployment allowances and unemployment benefits from Defendant A by fraud or other improper means.

2. The defendant (state) C is the date and time, place specified in paragraph 1 above, and the representative director B and the employee of the defendant.

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