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(영문) 수원지방법원 성남지원 2013.07.26 2013고정838

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the D Farmwon located in Gwangju City, who runs a crop cultivation business using two regular workers.

1. The employer, when concluding a labor contract, did not perform his/her duty while concluding a labor contract with E on April 1, 2012, although the employer delivered the written document specifying matters concerning working conditions, such as the composition, calculation method, and payment method of wages, to the workers.

2. Although an employee suffers from an occupational injury or disease, the employer provided necessary medical treatment at his/her expense or bear necessary medical treatment expenses, the Defendant did not pay KRW 442,740 for the medical treatment expenses from May 20, 2012 to June 5, 2012 to E who suffered from an occupational injury at the same workplace around 20:00 on May 19, 2012.

3. An employer shall pay a worker who suffers from an occupational injury or disease a compensation for suspension of work equivalent to 60/100 of average wages during the period of his/her medical treatment at least once a month, but the Defendant did not pay a compensation for suspension of work at least 599,068 won on May 2, 2012 to E who suffers from an occupational injury, such as the foregoing 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Statement of the police statement of E;

1. Application of medical expenses calculation statement and written confirmation of entrance and discharge;

1. Article 14 subparagraph 1 of the relevant Act and Articles 117, 110 subparagraph 1, 78, and 79 of the Labor Standards Act concerning criminal facts;

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

1. Articles 70 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;