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(영문) 대구지방법원 서부지원 2016.02.17 2015고정6
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a construction business at the housing repair work site located in Daegu-dong-gu, Daegu-si (hereinafter “instant workplace”); if a worker suffers from an occupational injury, the employer shall bear the necessary medical care expenses at his/her expense at least once a month; and if a worker under medical care suffers from an occupational injury, the employer shall compensate the worker for business suspension at least 60% of the average wage during the medical care at least once a month.

Nevertheless, on October 2, 2013, the Defendant did not pay KRW 1,371,210,000 of the compensation amount for medical care and KRW 8.4 million of the compensation amount for suspension of business operations to the victims C who sustained an injury to the aggregate of the upper end of the instant construction site from October 2, 2013 to January 9, 2014.

2. Article 78(1) and Article 79(1) of the Labor Standards Act provide that an employer shall provide necessary medical care at his/her expense or bear necessary medical care expenses to an employee who is under medical care and pay compensation for business suspension to an employee who suffers from a child, in the event that the employee takes occupational injury or disease.

Therefore, if there is no substantial relation with the worker's injury or disease-related work, the employer has a duty to compensate for medical care and to compensate for business suspension under the above provisions.

shall not be deemed to exist.

According to the health stand and the evidence adopted by this Court on October 2, 2013, employees C sustained injuries due to shocking down the left elbs of the left elbs, due to the unstable arrival of the site while working at the above construction site on October 2, 2013.

In fact, C was diagnosed by the hospital on October 10, 2013 that it is necessary to provide approximately eight weeks of care due to the closure of the frame. However, the president of the Korean Medical Association (Tgu District Court Decision 2014 Ghana Decision 15744) with respect to the court’s entrustment of appraisal such as medical records in the relevant civil case (Tgu District Court Decision 2014 A), the president of the Korean Medical Association added the fluor of the upper left-hand part of the photo on the face of the upper left-hand part.

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