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(영문) 창원지방법원 2013.07.09 2013고정169
근로기준법위반
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is an employer as a personal constructor who has employed four full time workers of Ulsan Construction Corporation located in Ulsan B.

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

Nevertheless, the Defendant did not pay KRW 5,67,200 in total, including KRW 207,200, KRW 5,460,000, and KRW 5,667,20 in compensation for medical care, and KRW 5,67,200 in compensation for suspension of work, even though he/she felled into a second-meter floor in height and sustained an aggregate of KRW 8,00 in the right side because D, working as a wooden hole at the above site around 11:0 on July 6, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a copy of the medical examination and treatment statement;

1. Relevant Article 110 subparag. 1, Article 78(1) of the Labor Standards Act (which means payment of compensation for medical care), Article 110 subparag. 1, Article 79(1) of the same Act (which means payment of compensation for suspension of work), and selection of fines for each crime;

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

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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