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(영문) 부산지방법원서부지원 2020.07.08 2019가단104462

손해배상(산)

Text

1. The Defendant’s KRW 63,878,571 as well as 5% per annum from August 12, 2017 to July 8, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 15:00 on August 12, 2017, the Plaintiff, as an employee of the Defendant Company, was faced with an accident falling on the ground (hereinafter referred to as “instant accident”) among Nonparty D, who was working together with Nonparty D on a nuclear tank (Pressure Instrument) with a height of about 4 meters at the site of B2 factory located in Gangseo-gu Busan Metropolitan City, Gangseo-gu.

B. In the instant accident, the Plaintiff suffered injury, such as the left-hand and the right-side alley, the pressure table No. 2, the left-hand knee knee knee sule kne, etc. (hereinafter “instant injury”).

C. The Plaintiff suffered the foregoing injury in the instant accident and received medical treatment for a total of 540 days (15 days of hospitalization, 385 days in total), and the Korea Workers’ Compensation and Welfare Service recognized the instant injury suffered by the Plaintiff as an occupational accident, and paid KRW 60,387,850 for the period of medical care from August 12, 2017 to February 2, 2019 in accordance with the Industrial Accident Compensation Insurance Act, for the period of medical care from August 12, 2017 to February 2, 2019.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 6, the result of this court's order to submit documents to the Busan Regional Headquarters of Korea Labor Welfare Corporation, the purport of the whole pleadings

2. The occurrence of liability for damages and the limited employer are incidental obligations under the good faith principle accompanying the labor contract, and bear the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health in the course of providing his/her labor, and where an employee suffers damage by violating such duty of protection, he/she shall be liable

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). A business owner shall require an employee who works in a place at a risk of falling at least two meters high to wear a safety belt (Article 32(1)2 of the Rules on Industrial Safety and Health), and a safety belt to wear a safety belt when the employee wears a safety belt.