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(영문) 창원지방법원진주지원 2020.09.08 2020고정24
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 a business owner who runs a construction business with his/her domicile in Sacheon-si B without a specific trade name or place of business and employs three full-time workers.

1. An employer shall provide necessary medical treatment at his expense or bear corresponding expenses for a worker who suffers from an occupational injury or disease;

Nevertheless, the defendant is working as a daily worker on the spot from November 5, 2017 to November 22, 2017.

On November 22, 2017, a worker C, who suffered from an occupational accident, did not pay KRW 5,919,030 for medical care expenses until May 2018, as well as KRW 2,688,930 for medical care expenses in November 2, 2017.

2. An employer shall pay a worker who is under medical treatment due to an occupational accident a compensation for suspension of work equivalent to sixty percent of his average wages during the period of medical treatment;

Nevertheless, the defendant is working as a daily worker on the spot from November 5, 2017 to November 22, 2017.

A worker C who suffered from an occupational accident on November 22, 2017, paid compensation for suspension of work until July 2019, including compensation for suspension of work 350,400 won for suspension of work on November 2017, and paid 26,980,80 won for suspension of work until July 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition;

1. Details of confirmation of each telephone, etc., investigation report (No. 19,20, 21 No. 19, 21);

1. Application of Acts and subordinate statutes, such as a copy of a bankbook, diagnostic certificate, surgery certificate, certificate of release on and off in a hospital, opinion of opinion, payment certificate of medical expenses, medical expenses calculation statement

1. Relevant Article 110 subparag. 1 of the Labor Standards Act, Articles 110 subparag. 1 and 78(1) of the Labor Standards Act (which refers to payment of compensation for medical care), Articles 110 subparag. 1 and 79(1) of the Labor Standards Act (which refers to payment of compensation for suspension of work), the selection of fines

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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