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(영문) 울산지방법원 2016.06.30 2016고단1194

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a representative D in Ulsan-gu, is engaged in the wholesale and retail business of beauty art materials, and is engaged in the interior business, and where a business is conducted based on multiple contracts, the original contractor shall be deemed an employer with respect to accident compensation, and the employer shall pay the worker who is under medical care and compensation equivalent to 60% of the average wage at least once a month for medical care expenses and suspension of business equivalent to 60% of the average wage.

The Defendant contracted the interior decoration work from the proprietor of the cosmetic room and subcontracted it to F. On June 11, 2015, G workers employed by F work at the site of the cosmetic work located in Ulsan-gu H, Ulsan-gu, and suffered from a disaster, from June 12, 2015. < Amended by Presidential Decree No. 26357, Jun. 12, 2015>

9. Even if the medical care was received up to 17.17., the total of KRW 12,386,350 for the above-mentioned period and KRW 11,172,00 for suspension of business, and KRW 12,386,350 for suspension of business was not paid at least once a month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written petition;

1. Report on the criminal place and the investigation result;

1. Application of Acts and subordinate statutes to the details of notification, diagnosis, each receipt, D business registration certificate, and deposit for construction work as a result of processing an application for benefits;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 78 (1) of the same Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 79 (1) of the Labor Standards Act;

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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