The defendant is innocent.

An employer shall provide necessary medical treatment at his/her expense if a worker is injured on duty, or bear corresponding expenses for suspension of work equivalent to 60/100 of average wages of the worker under medical treatment.

The Defendant, who employs two full-time workers and operates a construction business, is employed as a daily worker at the site of construction of a parking lot for a detached house and a retaining wall construction (hereinafter “instant construction”) in Kimpo-si, Kimpo-si.

November 25, 2012, D's compensation for medical care, 8,277,250 won and compensation for business suspension, 7,051,80 won and 13,279,050 won were not paid.

Reasons for innocence

1. The prosecutor indicted the Defendant on the charge of violating Articles 110(1), 78, and 79 of the Labor Standards Act.

2. According to Article 87 of the same Act, when a person entitled to accident compensation receives money or goods equivalent to the accident compensation under the same Act on the same ground pursuant to the Civil Act or other statutes, an employer is exempted from liability for compensation to the extent of the value thereof, and Article 80(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) provides that where a beneficiary has received or is entitled to receive insurance benefits pursuant to the Industrial Accident Compensation Insurance Act, the insured shall be exempted from liability for accident compensation under the Labor Standards Act for the same reason, and Article 6 of the Industrial Accident Insurance Act and Article 2(1)3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply to all businesses or workplaces that employ employees, but the same shall not apply to construction or substantial repair of buildings, the total construction cost of which is less than 20 million won, or the total floor area of which is less than 200 square meters.

3. According to the witness E’s legal statement, entry of E’s life-finding statement, and evidence Nos. 2 through 6, the construction amount of the instant construction project shall be KRW 23 million, and the area of the said project shall be the area.