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(영문) 청주지방법원 2018.01.19 2016노1601
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (2016 order 285 part) is true that a worker E, employed by the Defendant, suffered an injury on the left second hand of the ship during the steel bars work done by the Defendant on March 31, 2015.

However, it is almost impossible to say that the fingers are involved in accidents in the manner that E makes a statement.

Considering the form of an accident, E is self-harmed, and it cannot be viewed as an occupational accident.

Therefore, the defendant is not obligated to pay the medical care allowance, etc. to E.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court (the sentence of two years of imprisonment with prison labor for six months, and the community service order of 80 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged which the court below found guilty is as follows.

The defendant is a user who has employed daily workers without the registration of a certain trade name or business operator with his domicile in the Chungcheong City C and has executed the road package construction work of access roads to the village of the village of the Chungcheong City four times in the Chungcheong City.

(1) An employer who is not payable medical care shall provide the required medical care at his own expense or bear the necessary medical care expenses, if the employee suffers from an occupational injury or disease.

Nevertheless, the Defendant paid medical care expenses of KRW 449,300 until November 5, 2015, even though he/she paid KRW 449,300 to E, who had worked in a day-to-day job at the above construction site and worked in a day-to-day job at the above construction site, due to an accident involving the left second hand-to-day fingers during the steel-on-on-way work of around 14:00, while suffering from an occupational accident requiring approximately 8 months medical treatment.

Any employer who fails to pay compensation for business suspension shall compensate for business suspension equivalent to 60/100 of the average wage of a worker under medical treatment during the period of his/her medical treatment.

Nevertheless, the defendant is above.

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