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(영문) 대구지방법원서부지원 2016.02.25 2014가단35932

손해배상(기)

Text

1. The Defendant’s KRW 12,293,893 as well as the Plaintiff’s annual rate from December 5, 2014 to February 25, 2016, and the following.

Reasons

1. Basic facts

A. The Defendant, under the trade name of C, is a person who actually runs the manufacturing business of Bank ATM main body, etc., and the Plaintiff was employed by the Defendant from December 1, 2010 as a foreign worker of Pakistanan nationality.

B. On December 1, 2011, the Plaintiff sustained the injury of the 4-5 main escape symptoms of the conjection, and the injury of the conical signboard salt of the conjection, by putting heavy ATM main body produced within the said place of business.

(hereinafter referred to as “instant accident”). C.

As to the period of medical care from December 1, 201 to November 30, 2012, the Plaintiff received temporary layoff benefits of 12,089,780 won, medical care benefits of 9,35,10 won, disability benefits of 7,626,80 won.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1, 3 through 7 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As an incidental duty under the good faith principle accompanying an employment contract, an employer of the responsibility bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and where an employee suffers loss by violating such duty, he/she shall be liable to compensate for such loss.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001, etc.). In full view of the health care room and the purport of the entire arguments as to the instant case, the Plaintiff, while working in a production position in the said workplace, performed the work of the said workplace, the product shop, the lower-class, and the stuff package, and transported the ATM main body (40 km, 60 g) to the manual, after being transported to the manual, after being loaded into the manual, and then being laid down or cut down to the manual, had approximately KRW 30 to 60 per week, and according to the health insurance benefit content, the Plaintiff recognized that there was no medical records related to the escape certificate of the Qu team prior to the date of the instant accident and recognized the above facts.