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(영문) 수원지방법원 성남지원 2014.01.24 2013고정1107
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the operator of D in Gwangju City, who runs a tent manufacturing and tent construction business.

1. Where a worker who is not paid compensation for business suspension suffers from an occupational injury, the employer has to pay a compensation for suspension of work equivalent to 60/100 of average wages of the relevant worker during the period of his/her medical treatment to E, but the Defendant did not pay 900,000 won for suspension of work on September 24, 2012, and 90,000 won for suspension of work on October 2012, to E, who was employed by the Defendant and was injured during the period of his/her medical treatment on March 24, 2012.

2. Although an employer is required to pay a certain amount of compensation for a physical disability after a worker who has been paid compensation for a disability was injured on duty and completely cured, the Defendant did not pay 9,934,112 won of compensation for a disability to E, as described in paragraph (1) above, after having been completely cured and completely cured.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of confirmation of telephone or other facts;

1. Application of Acts and subordinate statutes to a response to physical disability requests;

1. Article 110 Subparag. 1 of the relevant Act on criminal facts and Articles 79 (1) and 80 (1) of the Labor Standards Act on the Selection of Punishment: Selection of a fine;

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;

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