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(영문) 전주지방법원 2013.09.11 2013고정525
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative of the C company in Geumcheon-gu Seoul Metropolitan City, who employs two full-time workers and carries on construction business.

1. An employer shall provide necessary medical treatment at his expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease;

Nevertheless, the Defendant did not pay KRW 1,263,140 for medical care expenses to E who was injured on October 6, 2012 at the construction site in Seongdong-gu, Seoul Special Metropolitan City.

2. An employer shall pay a worker who is under medical treatment a compensation for suspension of work equivalent to sixty percent of his/her average wages during the period of medical treatment;

Nevertheless, the Defendant was injured on October 6, 201 and was under medical care until December 21, 2012, and did not pay KRW 11,550,000 of the compensation for business suspension to E at the construction site in Geumcheon-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing the calculation of compensation for medical treatment and compensation for business suspension;

1. Article 110 subparag. 1 of the relevant Act on the crime, Article 110 subparag. 1 of the Labor Standards Act, Article 78(1) of the Labor Standards Act (which refers to unpaid medical care expenses), Article 110 subparag. 1 of the Labor Standards Act, Article 79(1) of the Labor Standards Act (which refers

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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