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(영문) 서울중앙지방법원 2018.07.26 2018고정733
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who served as the warden of C business from November 4, 2016 to November 23, 2016, and is an employer who acts on behalf of the business owner with respect to matters concerning workers, and the victim D (51) is an engineer of the said C business.

With respect to the issuance of the complaint of one's C-place of business, the Defendant continuously raised an objection to the company, and the Defendant was dissatisfied with the complaint.

An employer shall not do violence to a worker for the occurrence of accidents or for any other reason.

Nevertheless, on November 23, 2016, at around 09:00, the Defendant took the victim in dialogue with the head of the guidance department in charge of safety in the Dongjak-gu Seoul Metropolitan Government's guidance room to the head of the room, and assaulted the victim's chest by taking the victim's face in the above room, taking the victim's face in his hand, taking the victim's face in his hands, and cutting the victim's face back to the back.

Summary of Evidence

1. Each legal statement of witness D and E;

1. All on-site photographs;

1. Application of each medical certificate and injury medical certificate, each prescription, each medical examination and treatment confirmation, and Acts and subordinate statutes;

1. Article 107 of the relevant Act concerning criminal facts, Articles 107 and 8 of the Standards for Optional Labor, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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