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(영문) 의정부지방법원 2016.07.14 2015고정1875
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the representative of the “D” in South Yangju City, and is an employer who ordinarily employs two workers and engages in the competitive business.

1. An employer shall provide necessary medical treatment at his/her expense or bear necessary medical treatment expenses, if a person who has been employed for an unpaid medical treatment suffers from an occupational injury or disease;

Nevertheless, the Defendant did not pay KRW 105,980 for medical care costs, even though G, working at the construction site of F-pentle in Namyang-si, Namyang-si on April 1, 2014, suffered occupational injuries to which the suspension of left loss is imminent during the work of transporting news jus.

2. An employer who has not paid compensation for business suspension shall pay a worker who is under medical care due to an occupational injury a compensation for business suspension equivalent to 60/100 of his/her average wages during the medical care.

Nevertheless, the Defendant did not pay compensation for business suspension equivalent to KRW 2,520,000, even if he/she received medical care until May 13, 2014, as in paragraph 1, as the left hand hand-on was cut off, as in paragraph 1.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Statement of the witness G and each statement of the J in the fourth public trial records;

1. Each police statement made to G and I;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a statement of opinion and medical expenses;

1. Article 110 subparagraph 1 of the relevant Act of criminal facts, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 of the Act on Standards for Selective Labor, Article 110 subparagraph 1 of the Labor Standards Act, Article 79 of the Labor Standards Act, and the selection of each fine for a crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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