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(영문) 서울동부지방법원 2015.11.20 2015고정1354
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who, under the trade name of “D” in Dongdaemun-gu Seoul Metropolitan Government, runs a construction and interior fishery business and employs a victim E as an employee on February 27, 2014.

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

Nevertheless, on March 1, 2014, the Defendant did not bear KRW 151,060 for the victim E who provided medical care from March 5, 2014 to March 14, 2014 without paying KRW 900,000 for the compensation for business suspension, due to a disaster where the left side side of the window is cut off while falling from the work launch, and the bones was broken off on the window.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of diagnostic certificates, certificates of hospitalization, receipts of medical expenses, and statutes on medical records;

1. Article 110 subparagraph 1 of the relevant Act, Article 110 subparagraph 1 of the Labor Standards Act, Article 78 of the Act on the Selection of Punishment, and Article 110 subparagraph 1 of the Labor Standards Act, and Article 79 of the Act on the Compensation for Suspension of Work;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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