beta
(영문) 울산지방법원 2019.08.20 2019고정264

근로기준법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C in the Kimhae-si, was awarded a free contract for the removal of the steel structure D in Yangyang-si, and then re-subcontracted with the above removal of the steel structure in the G M in Yangyang-si to the G representative in F in Yangyang-si.

If a project is executed based on several contracts for work, the original contractor shall be deemed an employer with regard to accident compensation.

(a) 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 did not bear 318,800 won compensation for medical care from September 18, 2017 to November 8, 2017, even though I fell in the third floor Asiba and was injured by an injury of the left-hand sacrifa, the upper-hand sacrifa, the upper-hand sacrifa, and the upper-hand sacrifa while performing the work of installing the third floor Asiba in the construction site on July 15, 2017.

(b) An employer shall pay a worker who suffers from an occupational injury or disease a compensation for suspension of work equivalent to sixty percent of his average wages during the period of his/her medical treatment;

Nevertheless, the Defendant did not bear KRW 13,920,00 of the I’s compensation for business suspension from July 16, 2017 to November 8, 2017, even though I fell in the third Arabic layer and was injured by an injury to the left-hand sacrifa, the upper-hand sacrifa, and the right-hand sacrifbule which was installed in the third floor of the construction site on July 15, 2017.

(c) If a worker completely recovers from occupational injury or disease but has a physical disability, the employer shall provide him/her with compensation for disability calculated by multiplying the average wage by the number of days as determined according to the degree of the disability;

Nevertheless, the disability compensation expenses for the physical disability grade 12 (the well-fluent fluent flusium) arising from the occupational injury of the Section 12 (the well-fluent flusium flusium) shall be KRW 28,00,000.