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(영문) 인천지방법원 부천지원 2017.07.21 2017고정500
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a personal building business operator who resides in Bupyeong-gu Incheon Metropolitan City C operation 401 and runs a construction business by using daily workers.

1. When a worker suffers from an occupational injury or disease, the employer shall provide necessary medical treatment at his own expense or bear necessary medical treatment expenses, and the compensation for the said medical treatment shall be paid at least once a month;

Nevertheless, the Defendant, from September 16, 2016 to December 7, 2016, performed an operation and treatment from Kimpo-si and three parcels of detached houses at the site of construction of detached houses, and paid KRW 180,00 per day to the Defendant at the construction site of Dong on October 3, 2016, for the second hand hand, during the steel-saving work at the construction site of Dong on October 13:40 (the left hand 2 thalone and thalone thalone thalone thalth thalth thalth thm thalth thm thalth m) and did not pay KRW 25,90 per day from October 3, 2016 to December 7, 2016, and did not pay KRW 132,100 per day from November 13, 2016 to October 14, 2016; and did not provide the pertinent medical treatment expenses at least 194.7.6

2. An employer shall pay a worker who is under medical treatment pursuant to Article 78 of the Labor Standards Act a compensation for business suspension equivalent to 60/100 of average wages during the period of his/her medical treatment, and such business suspension compensation shall be paid at least once a month;

Nevertheless, the defendant temporarily suspended his/her business after the diagnosis of the hospital that the worker E needs medical treatment from October 4, 2016 to January 14, 2017 due to the above accident, but the defendant did not pay 11,124,000 won in total, including 3,024,000 won in compensation for the suspension of business in October 2016, and 3,240,000 won in compensation for the suspension of business in November 2016, and 3,348,000 won in compensation for the suspension of business in December 2016, and 1,512,000 won in compensation for the suspension of business in January 2017, at least once a relevant month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on a written diagnosis or construction subcontract;

1. Relevant Article of the Act concerning facts constituting an offense and the standard of selective labor;

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