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(영문) 서울동부지방법원 2017.05.11 2016고단3573
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who employs workers E on April 6, 2015, who operates a construction company, such as interior, etc., with the trade name of “D” from the Gangdong-gu Seoul Metropolitan Government 1st floor.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, on April 6, 2015, the Defendant did not pay KRW 100,000 per day wage for workers E who worked at the construction site for removal of the roof of the fire fighter in Gyeonggi-si F performed by the Defendant on April 6, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. When a worker suffers from an occupational injury or disease, an employer shall provide him with necessary medical treatment at his expense or bear necessary medical treatment expenses, and compensate a worker under medical treatment for business suspension equivalent to 60/100 of his average wages during the medical treatment, and if a worker has a physical disability after finishing the medical treatment, the employer shall compensate for the disability equivalent to the average wages according to the degree of disability at the rate as determined by the Acts and subordinate statutes in proportion

Nevertheless, at the construction site specified in paragraph (1) of April 6, 2015, the Defendant did not compensate KRW 56,154,728 in total, for employees E who provided medical care from April 6, 2015 to October 20, 2015, after suffering from disasters, such as brain-proof, dubing of dulls, etc. while removing the roof board, and suffering from disasters, such as the removal of dulls, etc.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the E police statement;

1. Copies of the medical certificate and medical records of the disability of the medical institution at the Gangseo-gu Senior National University;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 109(1) and 36 of the Labor Standards Act for criminal facts, the fact that the individual wage is unpaid (Article 109(1) and 36 of the Labor Standards Act), and the fact that the non-payment of medical care is not made (Article 110 of the Labor Standards Act).

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