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(영문) 의정부지방법원 2018.02.08 2018고정31
고용보험법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The Defendant and C’s joint crime C filed an application for eligibility for unemployment benefits with the European Employment Center on December 23, 2016, and received total unemployment benefits of KRW 10,419,760 for 240 days from December 30, 2016 to August 26, 2017, and the Defendant is a person who operates batteries and cable wholesale companies B in the Gyeonggi-si.

C From April 2017 to May 2017, 2017, during the period of recognition of unemployment benefits, C was employed in B operated by the Defendant, who was aware of it among the first patrolmen.

Defendant

In addition, C knew that it is a person eligible for unemployment benefits, thereby hiding the above fact and finding the Defendant without applying for employment insurance, and C visited the former Employment Center on May 26, 2017 to conceal the above fact and extend the application for unemployment benefits from April 29, 2017 to August 26, 2017, received a total of KRW 5,209,80 for 120 days unemployment benefits.

2. Defendant B, at the same time and at the same place, Defendant A, the representative director of the defendant, neglected his duty of care in relation to the defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Partial statement concerning C in the protocol concerning the interrogation of suspect; and

1. Application of Acts and subordinate statutes to the details of the supply of and demand for vocational benefits to the recipient, information on the supply of and demand for the recipient of double opia, the status of the recipient of double opia, the place

1. Article 116(2) of the Insurance Act, Article 30 of the Criminal Act, Defendant A who choose a fine: Articles 117 and 116(2) of the Insurance Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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