CONTENTS
- 1. The Client Who Sought a Labor Attorney
- - The Client Who Requested 24-Hour Legal Consultation
- 2. Violation of the Employment Insurance Act Explained by a Labor Attorney
- - The Employment Insurance Act as Reviewed Through 24-Hour Legal Consultation
- 3. The Labor Attorney's Case Response Strategy
- - Five Arguments by the Labor Attorney for Defending Against Penalties
- 4. Result of the Labor Attorney's Assistance: “Suspension of Indictment”
- - If You Need 24-Hour Legal Consultation
1. The Client Who Sought a Labor Attorney
This is a case in which a client who came to a labor attorney faced the risk of punishment on charges of wrongful receipt of unemployment benefits but received a suspension of indictment decision with the assistance of a specialist attorney who had handled numerous labor cases.
The Client Who Requested 24-Hour Legal Consultation
The detailed circumstances of the client who came to a labor attorney to request assistance are as follows.
While the client was worried that he might soon be dismissed as the business situation of the company where he worked deteriorated, the client came to hear from an acquaintance about a way to receive unemployment benefits.
Although the client knew that a worker could not receive unemployment benefits, the client's judgment momentarily lapsed, and the client ended up applying for unemployment benefits.
In this way, the client received unemployment benefits for some time, but thereafter the offense was discovered by the Ministry of Employment and Labor, and the client was placed at risk of punishment.
Greatly worried that a wrong choice might lead to severe punishment for wrongful receipt of benefits, the client came to a labor attorney to request assistance.
2. Violation of the Employment Insurance Act Explained by a Labor Attorney
The client was in a situation facing the risk of criminal punishment on charges of wrongfully receiving unemployment benefits without meeting the legitimate eligibility requirements.
Let us examine in detail the statutes related to wrongful receipt of unemployment benefits.
The Employment Insurance Act as Reviewed Through 24-Hour Legal Consultation
The Employment Insurance Act is a system to protect the livelihood of unemployed workers and help them find reemployment.
If a person abuses this and falsely claims unemployment benefits, the person may be subject to criminal punishment.
Article 61 of the Employment Insurance Act (Restriction on Payment of Benefits due to Fraudulent Acts)
Unemployment benefits received through improper procedures may be recovered in accordance with the relevant statutes and internal regulations, so particular caution is needed.
Article 62 of the Employment Insurance Act (Order to Return, etc.)
Item | Content |
Subject | The head of the employment security office |
Target | A person who received job-seeking benefits improperly |
Measure | Order to return possible
※ An additional amount of not more than twice the job-seeking benefits received by improper means may be collected |
3. The Labor Attorney's Case Response Strategy
The labor attorney conducted a thorough consultation with the client and analyzed in detail the specific circumstances of the case.
The attorney established a strategy suited to this and earnestly appealed for leniency for the client.
Five Arguments by the Labor Attorney for Defending Against Penalties
The labor attorney made the following arguments to obtain a decision of non-prosecution from the prosecution.
▶ The client paid in full the amount subject to the order of return, and recovery of the harm can be regarded as having been achieved in a practical sense
▶ The client confessed all of the wrongdoing at the investigation stage and cooperated with the investigation to the fullest extent
▶ Acquaintances who have observed the client for a long time are pleading for leniency on the basis of the client's diligent life and sincere reflection
▶ The client is a first-time offender, and because the offense was not premeditated but rather impulsive, the risk of reoffending is low
4. Result of the Labor Attorney's Assistance: “Suspension of Indictment”
The prosecution accepted the labor attorney's argument and ultimately decided on a "suspension of indictment" regarding the charge of wrongful receipt of benefits.
The client, who succeeded in defending against punishment through the prompt and meticulous assistance of a professional attorney, expressed deep gratitude.
If You Need 24-Hour Legal Consultation
The above improper receipt case is one in which the client, who was involved in a violation of the Employment Insurance Act, obtained a suspension of indictment decision through the assistance of a labor attorney.
The essence of issues related to unemployment benefits lies in the complex questions of "whether the person was actually eligible" and "whether there was intentional falsity."
Because delaying a response or judging alone can lead to an unfavorable result, it is advantageous to respond systematically from the outset.
At Daeryun, a 🔗criminal attorney who has handled numerous labor and criminal cases provides assistance through an immediate 24-hour legal consultation, regularly reporting the progress of the case to the client.
If you need the assistance of a specialized attorney in a situation similar to the case above, please request a consultation for your case through a 🔗criminal attorney legal consultation booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
