Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates any Act on Welfare of Persons with Disabilities may commit any unfair profit-making act using a disabled person;
Nevertheless, the Defendant, at the Defendant’s residence located in the voice group B from March 2010 to August 9, 2017, failed to pay reasonable wages to the victim C (class III intellectual disability) for the following reasons: (a) from around 03:00 to around 18:00 each day without special holidays; and (b) from around 03:00 to around 18:00 each day, he was provided with labor force from the victim; and (c) thereby paying only the monthly mobile phone fee.
2. No person who violates the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy for Rights, etc. shall abandon, abuse or take money from the disabled persons or persons related to the disabled in private spaces, homes, facilities, workplaces, local communities, etc. on the ground of bad faith disability;
Nevertheless, the Defendant, as described in Paragraph 1, did not pay reasonable wages to the victims with intellectual disability, but did not take money in bad faith on the ground of disability.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. The accusation, - the field survey report on the abuse of persons with disabilities, - photographs including welfare cards for persons with disabilities;
1. Each police statement of C or D;
1. The defendant asserts that a criminal fact cannot be acknowledged to the effect that he/she collected a monthly salary of 300,000 won and later paid a monthly salary, and that he/she did not receive malicious monetary exploitation.
It is recognized that the Dong E of the victim was requested by the defendant.
However, as accurate monthly wage is not determined, it cannot be viewed as a valid wage agreement, and the defendant did not gather the victim's benefits and paid them directly, and even before E requests.