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(영문) 청주지방법원 충주지원 2016.12.16 2016고단285
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. [2016 Highest 285] The Defendant, having his/her domicile in the Chungcheongbuk-si, employed daily workers without a certain trade name or business registration, and stated the D indictment in the Chungcheongbuk-si, the Defendant appears to have omitted the “Cheongju-si”.

It is an employer who executes road packaging works due to village entry into the bundf. A.

An employer of unpaid medical treatment expenses shall provide necessary medical treatment at his expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease.

Nevertheless, the Defendant paid KRW 449,300 for medical care expenses up to November 5, 2015, even though he/she had worked in a day-to-day job at the same construction site on March 14, 2015, because he/she was involved in an accident involving the second left hand of the steel bars during the steel-on-site work of around 8 months, due to an occupational accident requiring approximately 8 months of medical care.

(b) An employer who fails to pay compensation for suspension of business shall pay a worker who is under medical treatment a compensation for suspension of business equivalent to sixty percent of his/her average wages during the period of medical treatment;

Nevertheless, the Defendant paid compensation for suspension of business at least once a month from April 1, 2015 to November 5, 2015, even though he/she was under suspension of business due to an occupational accident requiring treatment for about eight months because he/she was involved in the second loss on the left side during the steel work process at around 14:00 on March 31, 2015, the Defendant paid compensation for suspension of business at least 11,563,200 won.

(c) If a worker completely recovers from a occupational injury or disease but has a physical disability, the employer shall pay compensation for the disability according to the degree of such disability, and the time for compensation shall be without delay;

Nevertheless, the defendant suffered from an occupational accident and suffered from a disability by E working at the above construction site, and around October 30, 2015.

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