beta
(영문) 부산지방법원 2016.02.17 2015고단1676

산업재해보상보험법위반등

Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. In the facts charged, the Defendant was awarded a subcontract for the construction work of the “E Neighborhood Living Facilities” in Busan Jin-gu, Busan, for the construction work of the “E”), and was employed by four daily workers from July 14, 2013 on the wall waterproof work of the building floor and the toilet wall waterproof work, and was incurred on the part of the automatic glass door during the process of waterproof work on the said work, during the course of the waterproof work, the Defendant was suffering from the instant accident.

On October 23, 2013, the Defendant: (a) prepared an application for medical care benefits and business suspension benefits, and a written confirmation related to a disaster and wage, and submitted it to the employees of the branch office of Busan, the Labor Welfare Corporation, which was located in a false manner, in order to receive industrial accident compensation, etc. at the Busan, Busan, and was employed as a daily worker by the F; and (b) submitted it to the employees of the branch office of Busan.

However, in fact, the defendant was awarded a subcontract to F with the total amount of 2.7 million won and did not have been employed under the condition that F will receive 200,000 won per day.

Around October 23, 2013, the Defendant filed a false compensation for industrial accidents and obtained the total amount of KRW 30,423,570,000 in total from the branch office of the Busan Central District Labor Welfare Corporation in Busan to receive KRW 8,030,00 in terms of disability benefits around January 20, 2014, and received KRW 8,030,00 in total, and received KRW 18,396,00 in total, and paid KRW 3,97,570 in total to each medical institution, and received KRW 30,423,570 in total from the branch office of the Busan Central District Labor Welfare Corporation in Busan to receive disability benefits.

2. The direct evidence supporting the facts charged in the instant case lies in the statements made by the Defendant and F to each investigation agency and the witness G’s legal statement. However, the evidence duly adopted and investigated by this Court.