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(영문) 대구지방법원 2015.09.09 2015고정1664

근로기준법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an employer who operates a tent establishment and a building repair business using one full-time worker under the trade name of "C" in Busan Metropolitan City.

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, and an employer shall provide compensation for medical treatment at least once a month;

Nevertheless, the Defendant served as a waterproof hole at the site of the Dast Stud rooftop in the relevant workplace under the jurisdiction of the said workplace, and did not compensate workers E for medical care (in case of hospital treatment costs of KRW 1,941,560, medicine costs of KRW 7,800) as of October 16, 2014 due to occupational injury on October 22, 2015.

2. An employer shall pay a worker who is under medical treatment a compensation for suspension of work equivalent to sixty percent of his/her average wages during the period of medical treatment, and a compensation for suspension of work shall be paid at least once a month;

Nevertheless, on October 16, 2014, the Defendant served as a waterproof hole at the above construction site and did not pay compensation for suspension of work (on May 22, 2015, KRW 100,000 x 0.6 x 0.6 x 219 days x 13,141,000) to E workers under medical care as of May 22, 2015 due to occupational injury on October 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity statement of E;

1. Opinions on industrial accident compensation insurance;

1. A daily employment contract;

1. Application of Acts and subordinate statutes to medical expenses invoice, receipt, written confirmation of medical treatment, patient register, and medical expenses payment confirmation document;

1. Article 110 subparagraph 1 of the relevant Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 of the Act on the Selection of Punishment, and Article 110 subparagraph 1 of the Labor Standards Act, and Article 79 of the Act on the Compensation for Suspension of Work;

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

1. Articles 70 (1) 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;