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(영문) 서울동부지방법원 2016.09.28 2015고정1402

근로기준법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a business owner who runs a construction business under the trade name of H in Gyeonggi-gu, and Defendant B is a business owner who runs a construction business under the trade name of J in Jung-gu, Seoul.

Defendant

B On November 20, 2014, the Seoul Metropolitan Government LM roof Corporation in G in Gangdong-gu, Seoul, was awarded a contract by Seoul L, and subcontracted on November 21, 2014 to the Defendant for the roof breaking and installing works among the above construction works.

1. Defendant A

(a) A business owner who violates the Industrial Safety and Health Act shall take measures necessary to prevent danger at a place, etc. where an employee might fall at work, and where it is impracticable to install a safety net, and where it is impracticable to install a safety net, he/she shall require the employee to wear a safety belt, and where he/she wear a safety belt, he/she shall install equipment, etc. to safely walk his/her sublease if he/she wears a safety belt;

Nevertheless, on November 23, 2014, when workers N around 14:30 on the roof of the above M, the Defendant did not take necessary measures to prevent the fall risk as above.

(b) If a worker suffers from an injury or disease, the employer who has violated the Labor Standards Act shall provide the necessary medical treatment at his/her expense or bear the necessary medical treatment expenses at least once a month, and bear the compensation for business suspension equivalent to 60/10 of average wages during the period of his/her medical treatment at least once a month;

Nevertheless, on November 23, 2014, the Defendant did not provide necessary medical care at its expense or bear necessary medical care costs of KRW 58,628,514, and did not compensate for business suspension of KRW 27,360,000.

2. The business owner of Defendant B shall be the place where his workers employed by the contractor might fall down.