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(영문) 인천지방법원 2018.09.07 2018고단1814
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On July 16, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on August 2015, and the judgment became final and conclusive on December 29, 2015.

[Criminal facts] The Defendant is a person who employs one full-time worker while carrying out remodeling works for the Nam-gu Incheon Metropolitan Government Carryover 301.

When a worker suffers from an occupational injury or disease, an employer shall provide necessary medical treatment at his/her expense or bear necessary medical treatment expenses, and he/she shall compensate a worker under medical treatment for business suspension equivalent to 60/100 of his/her average wages out of the medical treatment.

Nevertheless, at around 11:30 on November 22, 2014, the Defendant received the direction of the Defendant at the remodeling site of the above CGra 301, and did not pay KRW 24,048,369, and KRW 16,740,000, respectively, for the medical care expenses of D incurred from injuries, such as d's d's d's d's d's d's d'ec's d's d's d's d's d's d's d'e

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each legal statement of witness D and E;

1. A written confirmation, etc. of hospitalization period;

1. Collection and reporting of investigation data, and application of the Acts and subordinate statutes to investigation reports;

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 (not being paid for medical care), Article 110 subparagraph 1 of the Labor Standards Act, Article 79 (1) (not paid for business suspension) of the Act on the Standards for Labor Standards, and the choice of imprisonment, respectively;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant asserted that D merely instructed D to clean up the construction site, and did not instruct D to remove the windows.

D will remove a window and sell it on the water with the aim of selling it on the water alone without the direction of the defendant.

Therefore, the defendant is not obliged to pay the expenses for medical treatment or compensation for business suspension.

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