beta
(영문) 부산지방법원 2017.10.19 2017고정258

산업재해보상보험법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who operates a building demolition company with the trade name of “D” in Gyeongcheon-gun C.

On May 26, 2015, the Defendant sustained injury, such as a fall accident, both of which were caused by the fall of the Plaintiff, while performing removal work under the subcontract for the removal work of the “G” Maurel located in Busan Jung-gu, which was subcontracted by the design group E around May 26, 2015.

Defendant paid insurance benefits of KRW 6,613,250,00 in total as medical expenses around November 13, 2015 from the Labor Welfare Corporation as the medical expenses around February 19, 2016, by submitting an application for medical care benefits and a report on confirmation of the details of false labor, a statement of miscellaneous payment, etc. to the effect that he/she was employed as a daily worker at the Busan East-gu Busan Regional Headquarters and sustained the relevant accident while working as a worker in the company E, even though he/she is not an employee of the company E, as above, around July 2, 2015, the Defendant was paid KRW 115,300 in the name of medical expenses around July 13, 2015.

As a result, the Defendant received insurance benefits by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Construction contract (91 pages of investigation records), inquiry of transaction details (95 pages of investigation records), electronic tax invoice (15 pages of investigation records), and withdrawal details (98 pages of investigation records);

1. A copy of each industrial accident compensation insurance opinion, a copy of an application for benefits for medical care, a copy of a disaster investigation report, a copy of a confirmation report on the details of labor, a copy of a statement of wage payments, and a confirmation of each fact (65 pages, 72 pages of investigation records);

1. Application of Acts and subordinate statutes of the Insurance Benefit Ledger (201 pages of investigation records);

1. Article 127(2) of the relevant Act on Criminal Facts and Article 127(2) of the former Act on Compensation Insurance for Industrial Accidents (amended by Act No. 14499, Dec. 27, 2016) (amended by Act No. 14499, Dec. 27, 2016)

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

1. The order of provisional payment;