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(영문) 대구지방법원 2017.03.17 2016고정1897

근로기준법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an original contractor who re-subcontracts up to KRW 7,50,000 to the head of a tree team F without a construction license while performing a project to improve the roof of the D personal housing unit in Daegu Suwon-gu with at least one address at all times without a construction license, under a contract with the owner E for the improvement of the roof of the D personal housing unit in the 2,60,000 won.

(a) When a worker suffers from an occupational injury or disease, the employer shall provide necessary medical treatment at his expense or bear necessary medical treatment expenses;

Nevertheless, the Defendant did not bear KRW 694,940 as compensation for medical care from March 15, 2016 to May 19, 2016, while he/she was employed by F as a daily worker at the above construction site and worked on the roof on the roof, who felled in light of the same day, and was injured in the course of his/her occupational injury (e.g., the alley of the alley).

(b) An employer shall pay a worker who suffers from an occupational injury or disease a compensation for business suspension equivalent to 60/100 of his/her average wages during the period of his/her medical treatment;

Nevertheless, while being employed by the Defendant as a daily worker at the above construction site on March 15, 2016 and working on the roof, the Defendant did not compensate for KRW 5,280,000 for the compensation for business suspension from March 16, 2016 to May 9, 2016 by G who was faced with an occupational injury by falling down at a 08:0 square meters on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each special judicial police officer with respect to G;

1. A written petition;

1. Application of Acts and subordinate statutes to each medical certificate, an application for medical care benefits and suspension benefits, a report on business accident compensation insurance, a report on accident investigation, a report on investigation, a receipt of each medical expenses, a reply to inquiries by each employment Ministry of Labor, and a report on the results of internal investigation

1. Relevant legal provisions of the relevant Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 of the Act on the Standards for Selective Labor, Article 110 subparagraph 1, Article 110 subparagraph 1, Article 79 of the Labor Standards Act, and the selection of fines for each crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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