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(영문) 대구지방법원 서부지원 2013.04.10 2013고정188
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the Daegu-gu D Co., Ltd. who runs the mechanical manufacturing business using 33 regular workers.

1. An employer shall provide necessary medical treatment at his/her expense or bear corresponding expenses for a worker who has violated his/her obligation to provide medical treatment, if he/she suffers from an occupational injury or disease;

Nevertheless, on May 7, 2012, the Defendant did not provide necessary medical care or bear necessary medical care costs even though he/she sustained an occupational injury on the left part of the machinery’s day-to-day knife while his/her worker E was in excess of rash machinery in the artificial laboratory laboratory in the above D on May 7, 2012.

2. An employer who violates the duty to specify working conditions shall specify the matters as stipulated in Article 17 of the Labor Standards Act, such as wages, contractual work hours, holidays, annual paid leaves, etc., in concluding a labor contract, and in this case, he shall deliver a written statement specifying the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave to the worker;

Nevertheless, on April 19, 2012, the Defendant concluded a labor contract with workers E in the above D, and did not deliver a document stating the constituent elements, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

3. Work hours during a week in violation of restrictions on overtime work shall not exceed 40 hours a week, excluding recess hours: Provided, That work hours may be extended up to 12 hours a week, if the parties agree on it.

Nevertheless, from April 30, 2012 to May 18, 2012, the Defendant had workers E engage in overtime work for an average of 22 hours exceeding 12 hours a week in the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a written opinion prepared by the labor inspector in the statutes;

1. Criminal facts;

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