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(영문) 인천지방법원 2018.02.02 2017고정2891
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business by employing an individual constructor and a full-time worker.

When a worker suffers from an occupational injury or disease, an employer shall provide necessary medical treatment at his/her expense or bear necessary expenses for medical treatment, and compensate a worker under medical treatment for business suspension equivalent to 60/100 of his/her average wages during the period of his/her medical treatment, and where a worker suffers from an occupational injury or disease and has a physical disability after completely treating him/her, he/she shall compensate for the disability calculated by multiplying the average wages by the number of days as determined in the attached Table

Nevertheless, on September 2, 2013, at around 09:30 on September 2, 2013, the Defendant: (a) provided the Defendant with the Defendant’s employment; (b) provided medical care from around 3, 2013 until around September 30, 2014; and (c) provided the Defendant with approximately KRW 20 km water tanks by combining the boiler tank with wire ropes with approximately 20 km water tanks; and (d) provided the above lines with the water tank falling short of the ground, resulting in the injury, such as the thring 3rd in the water tank, and the thring 3rd in the ground, and received medical care from around September 2, 2013 to around November 30, 2014, the Defendant did not pay KRW 67,950, compensation for business suspension, 238, 308, 301, 307, 4705 won and 705 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B statement of the suspect interrogation protocol against the defendant by the prosecution

1. Application of Acts and subordinate statutes to opinions, medical expenses receipts, first aid certificates, and disability diagnosis certificates;

1. Article 110 Subparag. 1 of the relevant Act and Articles 78(1) of the Labor Standards Act for Criminal Facts; Article 110 Subparag. 1 of the Labor Standards Act; Articles 110 Subparag. 1, 79(1) of the Labor Standards Act (the payment of compensation for business suspension); Articles 110 Subparag. 1, 80(1) of the Labor Standards Act (the payment of compensation for disability); and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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