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(영문) 인천지방법원 2016.11.17 2015고정1336
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an individual who has a domicile in accordance with C and 202 in Namyang-si, and is an employer who runs the removal business without regular workers.

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 3,977,420 for the medical care expenses, such as E’s hospitalization and treatment expenses for outpatients, while he was suffering from injuries, due to falling short of weight, while he was at the work site of Yeonsu-gu Incheon Metropolitan City, when he was working on August 26, 2013 for dismantling the 1st floor of the D building and loading and making a stop for the removal of the D building in the Libya.

2. An employer shall pay a worker who is under medical treatment due to an occupational injury a compensation for suspension of work equivalent to 60/100 of average wages during the medical treatment;

Nevertheless, non-employed persons did not pay KRW 3,564,00 [average Wages of KRW 54,00 (average Wages)] x 66 days (the period of medical care from August 27, 2013 to October 31, 2013).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of witness E and F in the fourth trial record;

1. Application of Acts and subordinate statutes to each reference inquiry report (G Council members and the Nam-gu Incheon Metropolitan City Public Health Center);

1. Relevant Article 110 subparag. 1 of the Labor Standards Act, Articles 110 subparag. 1 and 78(1) of the Labor Standards Act (which refers to payment of compensation for medical care), Articles 110 subparag. 1 and 79(1) of the Labor Standards Act (which refers to payment of compensation for suspension of work), the selection of fines

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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