A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant, as the representative of the E farm in Kim Jong-si, is an employer who runs the roof repair work of the said E farm by using three full-time workers from June 17, 2016 to June 18, 2016.

2. An employer who fails to pay medical care shall provide necessary medical care at his/her expense or bear necessary medical care expenses, if a worker suffers from an occupational injury or disease;

Nevertheless, on June 17, 2016, the Defendant did not pay KRW 21,243,490 for the medical care costs of the worker F, who was injured in the course of performing occupational duties, such as the alley, etc., falling below about five meters after falling below the top of five meters.

3. An employer who fails to pay compensation for business suspension shall pay compensation for business suspension equivalent to 60/100 of average wages of a worker who is under medical care due to an occupational injury.

Nevertheless, the defendant did not pay 39,078,000 won to the above worker during the period of medical care from June 17, 2016 to October 31, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Each legal statement of witness G, F, and H;

1. Each police statement made to I, J, and K;

1. Each petition filed;

1. Application of each Act or subordinate statute on financial transaction information, such as notification of the results of processing an application for benefits for medical care, request for examination of industrial accident insurance, medical expenses invoice, receipt, and statement of deposit and

1. Article 110 subparagraph 1 of the relevant Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 (1) of the Act on the Standards for Optionald Labor (not being paid for medical care), Article 110 subparagraph 1 of the Labor Standards Act, Article 79 (1) of the Labor Standards Act (not paid for business suspension), and the choice of imprisonment with prison labor;

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

1. On the other hand, the Defendant is disadvantageous to the Defendant, while the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing) is to the extent of F’s degree, and the amount of medical care expenses and compensation for business suspension accordingly, is considerable.