[Cheongju Law Office Assistance Case] With the Assistance of the Cheongju Law Office, a Fine Was Imposed for a Violation of the Employment Insurance Act

The client who came to the Cheongju law office had been referred to the prosecution for violating the Employment Insurance Act through the wrongful receipt of unemployment benefits.

After sustaining a serious injury at work and having to leave the company, the client worked part-time at a supermarket due to difficult financial circumstances.

However, even though the client was working at the supermarket, the client applied for unemployment benefits as if not working due to unemployment.

The client, who had wrongfully received several million won in unemployment benefits, was detected by an investigation of the labor office, and the case was referred to the prosecution.

The client then came to Daeryun's Cheongju law office to obtain the assistance of a Cheongju attorney.

■ Statutes Related to the Case as Explained by the Cheongju Law Office

▶ Employment Insurance Act, Article 116 (Penal Provisions)
(1) A person who, in conspiracy with an employer, receives a subsidy or benefit under any of the following subparagraphs by fraud or other improper means, and the employer who conspired with that person, shall each be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.

1. Subsidies for employment stability and vocational skills development projects under Chapter III

2. Unemployment benefits under Chapter IV

3. Childcare leave benefits, benefits for reduced working hours during the childcare period, and pre- and post-natal leave benefits, etc. under Chapter V

4. Job-seeking benefits and pre- and post-natal benefits, etc. under Chapters V-2 and V-3

▶ Criminal Procedure Act, Article 334 (Provisional Payment Judgment for Property Penalties)

(1) Where the court pronounces a fine, a minor fine, or collection of equivalent value, and finds that there is a concern that execution will be impossible or difficult after the judgment becomes final, it may, ex officio or upon the prosecutor's request, order the defendant to make a provisional payment of an amount equivalent to the fine, minor fine, or collection of equivalent value.

The Cheongju law office argued that the client had repaid the full amount of the unemployment benefits that had been wrongfully received.

After being investigated by the Cheongju regional employment and labor office, the client was given guidance on paying back the wrongfully received employment insurance benefits.

Immediately upon receiving the payment guidance, the client repaid the full amount of the wrongfully received benefits.

On this basis, Daeryun's Cheongju law office argued that the full amount of the client's wrongfully received benefits had been repaid.

The Cheongju law office conveyed the client's financial hardship.

After the client's parents passed away, the client had been caring for younger siblings as the head of the household.

The client, who had sustained a serious injury at the company where he was employed, had no choice but to resign.

The client began working part-time at a supermarket in order to earn living expenses to care for the siblings.

Daeryun's Cheongju law office conveyed that the client regretted having committed the unlawful act out of ignorance and financial hardship.

The Cheongju law office argued that the client had not been well aware of the unemployment benefits system.

The client had been told by a supervisor at his former workplace, which he had left due to the injury, that he could receive unemployment benefits through a recommended resignation.

Because it was the client's first time ever receiving unemployment benefits, the client was not well aware of the regulations concerning unemployment benefits or the specific penalties.

Daeryun's Cheongju law office conveyed that the client was sincerely reflecting on having committed the offense out of ignorance.

The client who came to the Cheongju law office had been referred to the prosecution for violating the Employment Insurance Act and sought the assistance of a Cheongju attorney.

Daeryun's Cheongju law office formed a team of attorneys with extensive experience in Employment Insurance Act violation cases to assist the client.

As a result, the case was concluded with a small fine imposed by a summary order.

If there are individuals troubled by a situation similar to that of this client, they may visit Daeryun Law Firm's Cheongju law office for a consultation.