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(영문) 대구지방법원 2016.02.12 2015고정2493
도로교통법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has served as the head of the administrative office of the E Hospital from around December 21, 201 to D's head of the hospital.

Defendant

B was hospitalized in the above E hospital from January 19, 2012 to August 31, 2012, and from July 29, 2013 to December 31, 2013, and was hospitalized in the above E hospital as a patient, as an employee of the said hospital.

1. Defendant A’s violation of the Labor Standards Act is the head of the E hospital’s main business, and Defendant A is each employer as the head of the administrative office in charge of the work for workers on behalf of the E hospital’s business owner.

Defendant

A In collusion with D, from January 1, 2014 to August 27, 2014, A did not prepare a labor contract specifying wages, etc. in collusion with D, even though he/she had the Defendant B, who was the patient at the above hospital, to pay wages to the patient who was the patient at the above hospital, and had the patient escort, transport vehicle driving, isolation of the patient in distress, and coercion, etc. provide labor.

As a result, Defendant A did not prepare a labor contract that specifies wages, etc. as an employer in collusion with D.

2. Defendant B’s violation of the Road Traffic Act (unlicensed Driving) on August 27, 2014, as an employee in charge of patient escorting, etc. of the E Hospital around 14:30 on August 27, 2014, Defendant B driven the FF van, a vehicle for the business of the E Hospital, without obtaining a driver’s license, at a section of approximately 12 km back to the said E Hospital via the front of the Dong-dong, Southern-gu, Daegu-gu, Daegu-gu.

3. Defendant A’s violation of the Road Traffic Act is the head of the administrative office of the E hospital, who is in the position of managing Defendant B, the driver of the vehicle for business in the E hospital.

Defendant

A around August 27, 2014, even though he knows that Defendant B did not obtain a driver's license, he had Defendant B drive the FF van as above.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Each legal statement of witness G and H;

1. Defendants B, I, and D respectively.

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