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(영문) 창원지방법원 2019.01.10 2017노3563
근로기준법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are independent business operators who provide labor services, and do not perform the storage repair work as an employee under the command and supervision of the Defendant. Even if the Defendant falls under an employee, there is room for different interpretation, and thus there is no intention in violation of the Labor Standards Act. 2) The sentence of the lower court on unreasonable sentencing (7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The summary of the facts charged is as follows: (a) the Defendant employed a daily worker C for 18 days from March 2, 2016 to March 30, 2016 as a person engaged in the mass production business without trade name; and (b) used it for the mass production business and the repair business of warehouses.

An employer shall provide necessary medical treatment at his/her expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease, and pay compensation for suspension of work equivalent to sixty percent of average wages during the period of his/her medical treatment to a worker under the medical treatment; and in cases where a worker dies during his/her duties, compensation for bereaved family members equivalent to average wages of 1,000 days shall be paid without delay after the worker dies, and funeral expenses equivalent to average wages of 90 days shall be paid to such worker.

Nevertheless, on or before March 30, 2016, the Defendant did not pay compensation to C for medical treatment 5,242,920 won, compensation for temporary closure 858,000 won (110,00 won x 13 x 0.6) to his/her bereaved family members who received medical treatment from the roof while performing repair work for the warehouse of the Defendant’s double-generation farm and suffered from disasters, such as brain cerebrovascular, after having died from the roof, from March 30, 2016 to April 12, 2016, but did not pay compensation to C without delay 10,000 won (10 million won x 110,000 won), funeral expenses (90,000 won x 110,000 won) to his/her bereaved family members.

3. The lower court’s judgment shall be based on each of the evidence indicated in its judgment.

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