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(영문) 서울중앙지방법원 2014.01.15 2013고정721
근로기준법위반
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Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who conducts landscaping projects with the trade name "D" in Songpa-gu Seoul Metropolitan Government C and the second floor.

1. An employer who is unpaid for medical treatment expenses shall provide necessary medical treatment at his/her expense or bear corresponding expenses for medical treatment at least once a month, if a worker suffers from an occupational injury or disease;

Nevertheless, on September 17, 2010, the Defendant did not bear total of KRW 1,295,70,00, including KRW 124,570, and KRW 70,000, and KRW 1,295,70, and KRW 15,200, and KRW 15,70,000, and KRW 124,570, and 398,840, and KRW 398,840, and KRW 398,840, and KRW 15,20, and 295, and 70, for each corresponding month, of the worker E who provided medical care from September 18, 2010 to December 2, 201.

2. An employer who is obligated to pay compensation for suspension of work shall pay an amount equivalent to 60/100 of average wages of a worker who is under medical treatment due to an occupational injury or disease at least once a month during the period of medical treatment;

Nevertheless, from September 18, 2010 to October 25, 2010 of the same year, the Defendant did not pay KRW 1,520,000,00 in total, including the compensation for business suspension in September 9, 2010 (calculated as the average wage of KRW 2,00,000/30) and the compensation for business suspension in October of the same year, and the compensation for business suspension in October of the same year.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Protocol of examination of witness to E of this court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 110 subparag. 1 of the Act on the Punishment, Articles 110 subparag. 1 and 78(1) of the Labor Standards Act (Non-paid Medical Care Expenses), Articles 110 subparag. 1 and 79(1) of the Labor Standards Act (Compensation for Suspension of Business), and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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