beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds of appeal is relatively detailed and consistent with the statement about the background of the H’s accident, and the details of the medical examination and treatment at each hospital, and the part of the injury and the progress of the medical treatment confirmed by the written confirmation of admission and discharge conform to the H’s statement. In light of the above, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the Defendant, the employer of H, who is obligated to pay the compensation for medical treatment and compensation for suspension of work, was acquitted the Defendant, was not guilty.
2. Determination
A. The summary of the facts charged in the instant case is a business owner who employs two full-time workers at the window D of Changwon-si and engages in artificial fishery in the name of “E”.
An employer shall provide a worker with necessary medical treatment at his/her expense or bear necessary expenses for a worker who suffers from an occupational injury or disease, and pay a compensation for suspension of work equivalent to 60/100 of average wages during the worker's medical treatment, and compensation for suspension of work for medical treatment and compensation for suspension of work shall be paid at least once a month.
The Defendant, at around 11:40 on March 5, 2012, while performing the work of removing a panel in the second floor office in the “G company” located in Kimhae-si, Kim Jong-si, the Defendant, who was an employee of the Defendant, was in the course of performing the work of removing the panel, and was incurred in occupational injury, such as the left-hand sponsor and the left-hand sponsor by the panel at a height of 1 meters, but did not pay KRW 13,176,00 for compensation for business suspension during the period of suspension of work due to occupational injury at least once a month from March 5, 2012 to July 4, 2012.
B. The judgment of the court below of this case is the facts charged.