Labor Attorney Case | A Labor Attorney Who Secured Non-Prosecution for Wrongful Receipt of Unemployment Benefits

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.

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.)

The labor attorney made the following arguments to obtain a decision of non-prosecution from the prosecution.

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.

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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.