A. On December 2016, the Defendant: (a) performed a new construction of an officetel in Changwon-si, Changwon-si; (b) the Plaintiff was employed by the Defendant and performed a molding construction work at the construction site of the officetel.

B. On December 27, 2016, at around 11:20, the Plaintiff was subject to an accident where one of the working-pockers entered the pipe hole to leave the 8th floor toilets of the building site in the construction site of the instant officetel (hereinafter “instant accident”), and thereby, the Plaintiff suffered injury, such as a chest 12 chest emitting a chest.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. An employer of liability for damages is an incidental duty under the good faith principle accompanying a labor contract, and is obligated to take necessary measures, such as improving physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer is liable to compensate for damages caused by the employee’s breach of such duty of protection.

(See Supreme Court Decision 97Da12082 delivered on February 23, 199, and Supreme Court Decision 2006Da25844 delivered on June 1, 2007). With respect to the instant case, the following circumstances are revealed by adding the whole purport of the pleadings to the health unit, the aforementioned basic facts and the images thereof as well as the testimony of the witness C, and the witness’s testimony. In other words, there is a danger that the workplace of the board of the work is missing from the pipe hole due to the existence of pipes hole on the 8th floor of the building where the Plaintiff worked, and thus, there is a danger of accidents such as leaving the pipe hole hole, so the Defendant has the duty to take account of the safety of workers, such as preparing appropriate measures to prevent the entry into the pipe hole, or taking warning measures against workers, etc.