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(영문) 청주지방법원 충주지원 2017.11.29 2017고정215
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a business owner who runs a construction business by ordinarily employing one worker as the representative of C Location D, and is an employer who performs a construction business for dismantling a building at the site of the removal of house owned by F in E, Chungcheongnam-si.

1. An employer who is not paid medical care shall provide necessary medical care at his/her expense or bear necessary medical care expenses, if a worker suffers from an occupational injury or disease;

Nevertheless, on March 29, 2016, the Defendant carried out the liquidation of steel products at the construction site located in E in the case of the immediately preceding Chungcheong City on March 29, 2016 at the direction of the Defendant.

G Despite the medical care of an occupational accident, such as a bend, which is proposed for a period of up to one-month treatment as a result of the collapse of a hulled rice due to a hulle, and cover both the hulle, G did not pay the total amount of KRW 520,880,00 from March 29, 2016 to April 25, 2016.

2. An employer who fails to pay compensation for business suspension shall pay an amount equivalent to 60/100 of average wages of a worker who is under medical treatment due to occupational injury or disease as compensation for business suspension during the period of his/her medical treatment.

Nevertheless, while working at the removal site as stated in the preceding paragraph, the Defendant did not pay a total of KRW 1,680,000 as compensation for temporary closure of G medical treatment from March 29, 2016 to April 25, 2016 due to occupational accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Investigation report ( listening to true G telephone statements), investigation report ( listening to witness F telephone statements);

1. Business registration certificate, passbook, print-out log of each H, a written report on a construction waste disposal plan, a confirmation of collection and transport of construction waste, and a detailed statement of expenses incurred therein;

1. A reply to an application for benefits for medical care and business suspension, a notification of determination of benefits for medical care and insurance, a request to affix a business owner’s seal and submit data following an application for benefits for medical care, a reply to a request for advice and advice;

1. Certificates of hospitalization, diagnostic certificates, and medical expenses for hospitalization and discharge;

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