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(영문) 광주지방법원 2020.05.15 2019가합58556

구상금

Text

1. The Defendants jointly share KRW 187,648,334 with respect to the Plaintiff, and the period from November 1, 2017 to May 15, 2020.

Reasons

1. Basic facts

A. The Plaintiff, as the parties, is a special corporation established for the purpose of protecting workers by being entrusted with industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the network D (hereinafter “victim”) is a worker belonging to a limited liability company E (hereinafter “E”).

Defendant A is the driver of FF Freight Vehicles (hereinafter “instant vehicle”) owned by Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the Defendant C Federation (hereinafter “Defendant Federation”) is the mutual aid business entity that entered into a mutual aid agreement with the Defendant Company regarding the instant vehicle.

B. On October 15, 2016, Defendant A, while driving the instant vehicle at around 09:25, and driving two lanes near the G in the direction of the vehicle at H apartment distance through I apartment room, Defendant A, who was at the top part of the vehicle’s loading box in front of the direction of the vehicle, fell down on the road, such as daily workers, etc., who were daily workers belonging to E, who were working on the part of the said workplace, and were working on the part of the vehicle at the top of the direction of the vehicle.

(hereinafter “instant accident”). The instant accident caused the injury, such as electric shocks to the right side and the pelvis, and died of a chronic repulmonary failure due to the eromatic depression on August 14, 2017, while the victim was receiving treatment from J hospital due to the injury, such as electric shocks to the right side.

On October 19, 2017, Defendant A was indicted for violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) and was sentenced to a suspended sentence of two years by imprisonment without prison labor for one year at the Jeonju District Court (the Jeonju District Court 2017No873). The judgment became final and conclusive around that time.

C. The Plaintiff paid insurance benefits to the victim and his/her bereaved family members (spouse and three children) in accordance with the Industrial Accident Insurance Act, KRW 312,973,670 of medical care benefits, temporary layoff benefits, KRW 27,869,940 of funeral expenses, and KRW 14,531,690 of funeral expenses. The Plaintiff paid the surviving spouse’s survivors’ compensation annuity.