beta
(영문) 춘천지방법원속초지원 2015.04.21 2013가단3370

손해배상(산)

Text

1. The Defendants jointly share the Plaintiff KRW 9,438,368, and KRW 1,00,000 to Plaintiff B, and KRW 500,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. On June 13, 2013, Plaintiff A was employed by, and entered a new construction site for, the “Sacheon-gun National Sports Center” (hereinafter “instant site”) located in Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, in order to perform work, Plaintiff A heard sound that the employees of Defendant A’s public company face with the iron plates debris, instead of the said site. As a result, Plaintiff A suffered injury, such as a sudden and unique disorder and typosis.

(hereinafter “instant accident”). Plaintiff B’s wife, Plaintiff C, and D are children of Plaintiff A. [Grounds for recognition] without dispute, Plaintiff A’s evidence 1 through 6 (including household numbers; hereinafter the same shall apply)

(2) According to the above facts and the purport of the entire pleadings, the above facts of the recognition are as follows: (a) as the user of the plaintiff Gap, he shall bear the duty to take necessary measures so that he/she does not harm his/her life or body in the course of providing his/her labor.

However, in violation of such duty, the employer who did not perform his duty to protect the body of the worker in a high working environment where noise was high, and as such, the above Plaintiff suffered the injury, he is liable to compensate for the damages therefrom. The public company instead of the defendant corporation is liable to compensate for the damages caused by the accident in this case as the employee who caused the injury to the above plaintiff, by taking the iron plate into consideration as a decline in the site of this case.

Accordingly, the defendants are jointly liable for damages related to the accident of this case to the plaintiffs.

B. Limit of liability, however, to protect one’s own safety by requiring the employer or the work leader to take safety measures to protect the body at the instant site where the risks exist as above, or to provide safety equipment.