근로기준법위반
Defendant shall be punished by a fine of KRW 2,000,000.
However, the above punishment shall be executed for one year from the date this judgment becomes final and conclusive.
On February 20, 2020, the Defendant had been sentenced to a suspended sentence of two years for a violation of the Occupational Safety and Health Act, etc. to the District Court on February 20, 202, and the judgment became final and conclusive on February 28, 2020.
The Defendant, as an individual constructor, was awarded a contract for the extension of a dormitory with C in both weeks, and had three full-time workers run the construction work from July 13, 2017.
On September 4, 2017, D, who had worked at the construction site, felled from the top roof of the board structure and died in the course of performing waterproof and finishing work.
When a worker dies during the performance of his duties, the employer shall promptly make compensation for bereaved family members equivalent to the average wages of 1,00 days after the death of the worker, and pay the funeral expenses equivalent to the average wages of 90 days to such bereaved family members.
Nevertheless, the Defendant did not pay KRW 200,000,000 for bereaved family compensation and funeral expenses of KRW 1,80,000 for bereaved family compensation, even though the said D died on duty at the construction site around September 4, 2017.
Summary of Evidence
1. Part of the defendant's legal statement;
1. Each police statement of E and F;
1. A petition or accusation;
1. Data to be submitted by a petitioner:
1. A written autopsy and appraisal;
1. Investigation report (Attachment to the judgment of the relevant case, etc. - Recognition of the employer of the suspect);
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to the judgment, etc. related to the case - Recognition of the user identity of the suspect), application of Acts and subordinate statutes stating the accused'
1. Article 110 Subparag. 1 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Articles 110 Subparag. 1, 82(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201; hereinafter the same shall apply), Articles 110 Subparag. 1, and 83 of the former Labor Standards
1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes (the crime of death by occupational negligence in the market has been committed);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;