손해배상(산)
1. The Defendants jointly share KRW 20,419,352 with respect to the Plaintiff, and 5% per annum from January 5, 2016 to December 10, 2020.
1. Facts of recognition;
A. On January 5, 2016, the Plaintiff, employed by Defendant C, who is an individual entrepreneur, and was instructed by Defendant C, and was executed by Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) located in Chungcheongnam-do, Chungcheongnam-do (hereinafter “Defendant Co., Ltd.”) around 14:0 on January 5, 2016, caused injuries, such as the plant renovation and repair works (hereinafter “instant construction works”) by inserting a board fixed board on the bridge provided by Defendant C for the other side of the wall body, falling down at a height of about 2 meters, and falling down at a height of approximately 2 meters, resulting in an injury to the left side, such as the structural frame of the upper body, the detailed attachment of an unidentified.
(hereinafter “instant accident”). (b)
From January 5, 2016 to February 26, 2016, the Plaintiff received hospitalized treatment from the Korea Workers' Compensation and Welfare Service to KRW 42,239,840, health care benefit 23,638,080, and disability benefit 13,490,400.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 4, 5, 6, and the purport of the whole pleadings
2. Determination
A. An employer of liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and is liable for compensating for damages sustained by an employee by violating such duty of protection.
As seen earlier, the Plaintiff’s work is likely to fall (see, e.g., Supreme Court Decision 2004Da44506, Sept. 28, 2006). As such, Defendant C has a duty to take into account the Plaintiff’s safety by having an employee install a safety net to prevent the Plaintiff’s crash risk, and by taking measures such as having an employee wear a safety belt and installing equipment, etc. to use a safety belt safely.
Article 38 of the Occupational Safety and Health Act and rules on industrial safety and health.