근로기준법위반
The prosecutor's appeal is dismissed.
1. Article 46 of the Enforcement Decree of the Labor Standards Act provides that compensation for medical treatment and compensation for suspension of work shall be made at least once a month, and the subject and scope of compensation for medical treatment may vary depending on each period of payment, and thus, cannot be seen as maintaining the uniformity of criminal intent during the period of medical treatment. In light of the above, it can be seen that one crime of breach of duty to compensate for medical treatment and compensation for suspension of work, such as the facts charged in the instant case, is established at each time the period of payment expires. Thus, the part for which a summary order was already issued and the facts charged in the instant case are deemed separate crimes. However, the judgment of the court below which acquitted the facts charged in the instant case
2. In light of the purport of the crime of breach of duty to pay compensation for medical treatment or compensation for suspension of work, the purpose of which is to protect workers from industrial accidents by guaranteeing part of wages during the period of medical treatment, and to guarantee workers’ minimum living, it is reasonable to deem that each individual worker who has not received compensation for medical treatment or compensation for suspension of work is established. The purpose of Article 46 of the Enforcement Decree of the Labor Standards Act is to ensure the stability and guarantee of the livelihood of workers suffering from injury or disease by allowing them to receive compensation for medical treatment or compensation for suspension of work at least once a month in light of the fact that wages, etc. are generally paid once a month, and it cannot be deemed that the period of establishment of the above crime was determined. In light of the above, the Defendant’s violation of duty to pay medical treatment expenses and compensation for suspension of work against individual E is a summary order (as stated in the judgment of the court below, issuance of orders on September 5, 201, and confirmation of the same month) under Article 41 of the Enforcement Decree of the Labor Standards Act.