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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1350
장애인고용촉진및직업재활법위반
Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by a fine of three million won, and Defendant C shall be punished by a fine of eight million won.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. (the representative: G; hereinafter referred to as “C”) is a corporation established for the purpose of maintaining and repairing elevators; Defendant A is a son of G; Defendant A is a substantial operator of the interest of the president of C; Defendant B (Grade III) is a son of G; Defendant B is a person registered as a member of G; and Defendant B (Grade III) is a person who was registered as a member of the above company; H (Grade III), I (Arrears Grade V), J (Arrears Grade VI), and K (Grade III) upon introduction by B, and provided head of Tong and seal to the above company.

1. No business operator who applies for the employment incentive for persons with disabilities A shall receive the employment incentive by fraud or other improper means;

Nevertheless, the defendant was the president of the Association of Persons with Disabilities to receive additional points due to the employment of persons with disabilities when tendering for government-funded construction works.

B The introduction of persons with disabilities through delay, prepares a false labor contract with persons with disabilities, pretends the employment of persons with disabilities through writing and shipping the details of payment of wages by obtaining their accounts, seals, etc., and leads the disabled persons who have lent their names to the government, with the incentives for employment of persons with disabilities paid by the government.

On July 27, 2010, the Defendant applied for the payment of incentives for employment of disabled persons to the Korea Employment Agency for Disabled Persons (E-SINO) by accessing the electronic return (E-SINO) system of the Korea Employment Agency for Disabled Persons (E-SINO) through the accounting staff, and the fact is without delay by the disabled J and B, even though they did not provide labor in the above C, the Defendant prepared and submitted a list of disabled workers, a detailed statement of wages, a written confirmation of payment transfer, etc. as if they were employed and paid benefits.

Defendant applied for the employment incentive of disabled persons in a false manner as above, and the amount of the Defendant’s incentives in 2009 to the account in the name of the company around August 13, 2010 from the Korea Employment Agency for Disabled Persons was 1,875.

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