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(영문) 의정부지방법원 2015.11.30 2013고정1747

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the D representative in Guri-si, 110, who used four daily workers on August 8, 2012, and performed the F Kindergarten Ring and Removal Construction Work in Mapo-gu, Seoul.

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 shall pay a compensation for suspension of work equivalent to sixty percent of average wages during the period of the medical treatment to the worker under medical treatment.

Nevertheless, on August 8, 2012, the Defendant: (a) at the site of the FFF kindergarten rooftop waterproof Construction Work, the rooftop wastes and wastes are put on the 3rd floor of the 3rd floor from a bridge while getting off the 3rd floor; and (b) was suffering from disasters, such as the bones of galnes, bones, etc.; and (c) the same year from the 9th day of the same month.

9. Until December 21, 200, the victim G medical care costs of 273,560 won and compensation costs of 2,520,000 won within the same period were not compensated respectively.

Summary of Evidence

1. Each legal statement of witness G;

1. Statement of the police officer concerning the defendant and G (not more than nine pages of investigation records);

1. Medical certificate (20 pages of investigation records);

1. Application of Acts and subordinate statutes as a result of inquiry by the Medical Doctors Association;

1. Relevant Article 110 subparag. 1, Article 78, Article 110 subparag. 1, Article 110 subparag. 1, and Article 79 of the Labor Standards Act concerning criminal facts, the selection of fines;

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;