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(영문) 부산지방법원 2015.04.23 2015고정409
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C Company in Busan Dong-gu, who is engaged in construction business by employing three full-time workers.

An employer shall provide necessary medical treatment at his/her expense or bear corresponding expenses for a worker who is under medical treatment, and pay a compensation for suspension of work equivalent to 60/100 of average wages during the period of the medical treatment to a worker under medical treatment.

From January 16, 2013 to July 17, 2013, the Defendant paid KRW 11,282,360,380,000 for medical care expenses, compensation expenses for business suspension to E who was injured on duty while employed by the Defendant at the site of personal loan waterproof construction work for private use located in Busan Shipping Daegu, Busan, and serving as a daily worker after being employed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An investigation report (the confirmation of the payment of medical expenses and the scope of medical care benefits, the confirmation report and record, etc. along with a copy of the decision of the Regional Labor Relations Commission

1. A written confirmation of payment of each medical expenses, summary of entry and discharge, records of outpatients, nursing information research paper, a detailed statement of the medical expenses for hospitalization, and a written decision on applying for recognition of gross negligence in relation to occupational injury, etc. of the company Busan 2014

1. Recording records;

1. Application of statutes on field photographs;

1. Relevant laws concerning facts constituting an offense, Article 110 subparagraph 1 of the Labor Standards Act, and Article 78 of the Labor Standards Act, Article 110 subparagraph 1 of the Labor Standards Act, and Article 79 of the Labor Standards Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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