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(영문) 광주지방법원 해남지원 2016.06.09 2016고단94
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a representative of the Gu Party C Party B located in South-Namnam-gun, is an employer who used two workers from March 20, 2015 for the opening of the Gu Party on April 15, 2015.

(a) When a worker suffers from an occupational injury or disease, the employer shall provide necessary medical treatment at his own expense or bear necessary medical treatment expenses at least once a month;

Nevertheless, on March 26, 2015, the Defendant: (a) was crashed in the course of performing an internal gambling work inside the billiard and sustained injuries, such as the closure of the light area in the middle of the sloping; and (b) paid KRW 1,02,036 on June 12, 2015 to the Southern General Hospital for the treatment of surgery and other medical care at the time of the end of each month until June 12, 2015; (c) KRW 4,383,217 for medical care on April 2015; and (d) KRW 3,15,171 for medical care on May 2015; and (d) paid KRW 1,02,036 for medical care expenses on June 12, 2015.

(b) An employer shall compensate a worker who is under medical treatment pursuant to Article 78 of the Labor Standards Act for business suspension equivalent to 60/100 of average wages during the period of his/her medical treatment at least once a month;

Nevertheless, on March 26, 2015, the Defendant: (a) fell in the course of the internal mooring of the billiard; and (b) was suffering from the injury, such as the closure of the border area among the chills; and (c) was temporarily closed at the Southern General Hospital until June 12, 2015 until June 12, 2015, the Defendant paid KRW 300,000 of the D’s compensation for business suspension on March 3, 2015; (d) KRW 1,800,000 of the compensation for business suspension on April 2, 2015; and (e) KRW 1,860,000 of the compensation for business suspension on May 20, 2015; and (e) KRW 720,000 of the compensation for business suspension on June 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate and a detailed statement of medical expenses;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes of each internal investigation report;

1. Article 110 subparagraph 1 of the relevant Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 (1) of the Act on the Standards for Selective Labor (a point of payment of compensation for medical care), Article 110 subparagraph 1 of the Labor Standards Act, Article 79 (1) (a point of payment of compensation for business suspension) of the Labor Standards Act, and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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