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(영문) 전주지방법원 군산지원 2014.05.12 2014고정41
근로기준법위반
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a user who employs two full-time workers in the Dome c as a representative in the Gunsan City and operates a construction business (theme), and E is a worker employed by the defendant and has been injured on August 12, 2012 while performing a cover work at the inside repair work site in the Gunsan City F.

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 the total amount of KRW 530,100,000 from January 1, 2013 to April 19, 2013 as indicated in the attached list of crimes, at least once a month, and paid the total amount of KRW 530,100 on May 29, 2013.

2. An employer shall pay a worker who is under medical treatment pursuant to Article 78 of the Labor Standards Act a compensation for suspension of work equivalent to 60/100 of average wages during the period of medical treatment at least once a month;

Nevertheless, the Defendant did not pay KRW 8,316,00 of the total amount of compensation for business suspension from January 1, 2013 to May 6, 2013, as stated in the column for compensation for business suspension in the annexed crime list at least once a month.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of medical certificates, certificates of payment of medical expenses, and respective certificates of medical treatment to statutes;

1. Article 110 subparagraph 1 of the Labor Standards Act, Articles 78 (1), 79 (1), and 79 (1) of the relevant Act on criminal facts;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant paid all the judgment money ordered to be implemented in the decision of business suspension compensation between E and the Defendant on December 3, 2013 between E and the Defendant, and the medical care expenses are not claimed at the time, and the payment is delayed.

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