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(영문) 수원지방법원 안양지원 2017.03.03 2017고정21
장애인차별금지및권리구제등에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As the mother of the victim B with intellectual disability 2, the defendant had a disability and a person who has no protection, so that he/she could perform a job in the Dopo-si "D in the Gunpo-si operated by himself/herself and make him/her live a life.

1. No employer who violates the Act on Prohibition of Discrimination against Persons with Disabilities and Remedies for Rights, etc. and Labor Standards Act shall discriminate against persons with disabilities in wages, and wages shall be paid in full to workers in currency;

Nevertheless, while paying 1 million or 1.2 million won per month to other employees, the Defendant, from July 24, 2014 to May 22, 2016, provided that if he/she conducts cleaning, etc. from around 15:00 every day to around 02:00 the next day, he/she would be paid wages of 30,000 won per month to the victim.

By promising to pay wages, the victim who is a disabled person has committed a malicious discriminatory act, and the victim has not paid the above-mentioned wages properly.

2. From April 18, 2014, the Defendant maintained a passbook in the name of a victim, the amount of which is KRW 320,000,00 of which is paid as disability pension of the victimized party from military audience every month from April 18, 2014.

A. On March 22, 2016, the victim withdrawn KRW 5840,00 from the above head of the Tong, and then the police officer came to move out by making a false statement to the effect that “after withdrawing 5840,000 won from the above head of the Tong,” and the police officer discovered KRW 584,00 in cash within the bank in which the damaged person was in possession, and then the Defendant was able to arbitrarily use it to repay his/her obligation without making a re-deposit to the head of the Tong.

B. Around June 24, 2016, the Defendant, while keeping the victim’s passbook as above, withdrawn KRW 730,000 in cash from the said passbook and used it at his/her discretion for the payment of the said passbook.

Accordingly, the defendant paid 6,570,000 won in total for the disabled two times.

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