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(영문) 부산지방법원 2014.06.18 2014고정398

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has engaged in the Dobook Business in the name of "D" in Busan Dong-gu C.

An employer shall provide a worker with necessary medical treatment at his/her expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease, and shall pay a worker who is under medical treatment a compensation for suspension of work equivalent to sixty percent of average wages during the period of his/her medical treatment.

Nevertheless, on May 23, 2012, the Defendant received KRW 90,000 per day from the Defendant on the first floor at the site of removal of painting machines and painting equipment in Busan Dong-gu from the Defendant on May 23, 2012, and conducted removal of painting machinery and equipment from the Defendant, while he/she was injured in the course of performing his/her duties, such as cutting the body of head from the second floor of his/her duties to the large board, but did not pay KRW 2,069,378 in total for medical care expenses from May 23, 2012 to April 25, 2013, including KRW 18,252,00 in total for suspension of work.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Submission of the claimed amount of medical expenses, written confirmation of details of medical treatment, and application of statutes;

1. Relevant Article 110 subparag. 1, Article 78(1) (a) of the Labor Standards Act, Article 110 subparag. 1, Article 110 subparag. 1, Article 79(1) of the Act on the Selection of Punishment for Criminal Facts, and Selection of a fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;