손해배상(산)
1. The Defendant’s KRW 32,022,103 as well as 5% per annum from January 21, 2017 to November 12, 2020 to the Plaintiff.
1. Facts of recognition;
A. The Defendant is an individual entrepreneur who performs interior construction, etc. with the trade name of “C,” and the Plaintiff was employed by the Defendant on January 21, 2017 by the Plaintiff, and was in the construction site of the Diplomatic Association at the Diplomatic Association, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and in the construction site of the interior diversing work at the site of the Diplomatic Association at around 15:10, 2017, and was crashed on the top of 1.5 meters high at the site manager’s direction, and was crashed on the top of the left, and suffered injuries, such as the cage, fage, blood sat, left-hand, 7, and 8, the upper left-hand part of the water department, and the complex rupture, the left-hand part of the water department, etc.
(hereinafter “instant accident”). (b)
At the time of the instant accident, the Plaintiff did work without wearing safety caps, etc.
[Ground of recognition] Facts without dispute, Gap 8, 9 evidence, Eul 5-1, Eul 2's each entry or video, the purport of the whole pleading
2. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying an employment contract, an employer 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 his/her breach of such duty of protection.
(See Supreme Court Decision 97Da12082 Decided February 23, 199, etc.). According to the above facts, the Defendant, as a business owner who employs the Plaintiff, shall ensure that the Defendant shall pay a safety cap and wear the safety cap in the event of any work that is likely to fall (see, e.g., Supreme Court Decision 97Da12082, Feb. 23, 199).
Article 32(1)1), the end or opening of the work plate, where workers might fall down, must be built in a strong structure with sufficient strength protection measures, such as safety distress (Article 43(1) of the Regulations), and in cases where it is extremely difficult to install a rail, etc.