근로기준법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is an employer who employs two full-time workers as an individual constructor who performed a new house construction work located in the Gangwon-gu Seoul Special Metropolitan City B.
1. An employer shall provide necessary medical treatment at his expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease;
Nevertheless, the Defendant, at around 16:00 on April 19, 2013, did not pay KRW 3,632,213 of the medical care benefits of C to workers who suffered occupational injuries, such as completing three fingers of left hand and receiving medical treatment for 95 days, while cutting the sand position panel with the construction site at the above construction site.
2. An employer shall pay a worker who is under medical treatment due to an occupational injury a compensation for suspension of work equivalent to sixty percent of his/her average wages during the period of medical treatment;
Nevertheless, the Defendant, as described in paragraph (1), did not pay KRW 8,550,000 of temporary layoff benefits to a worker C who was temporarily employed until July 22, 2013 due to occupational injury as described in paragraph (1) at least once a month.
3. When a worker suffers from an occupational injury or disease, and a physical disability remains even after completely treating the worker, the employer shall provide him/her with compensation for disability calculated by multiplying the average wage by a specific number of days, depending on the degree of disability;
Nevertheless, as described in paragraph (1), the Defendant did not pay C the amount of KRW 30,000,000 for 200 disability compensation benefits for 11th degree of disability due to occupational accidents, such as occupational injury, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A certificate;
1. Application of the standard contract for construction works and the statutes governing the application for medical care benefits;
1. Subparagraph 1 of Article 110 of the Labor Standards Act, Articles 78 (1), 79 (1), and 80 (1) of the relevant Act on criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The industrial accident insurance under Article 62 (1) of the Criminal Act shall be suspended;