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(영문) 대전지방법원 2018.07.11 2016가단208355

손해배상(산)

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is the owner who constructed the fourth-story detached house in Daejeon Dong-gu, Daejeon from June 2014 to October 2014.

The defendant ordered D Company E to contract the electrical construction part of the above detached housing construction work, and the plaintiff received daily allowances from E and participated in the above construction work and took charge of the electrical ship's business.

On August 8, 2014, the Plaintiff, at around 16:20 on the 16:20th day of the rooftop, was faced with injury, such as the pressure frame for the first step and pressure frame for the 12nd day by falling below the Plaintiff.

(B) Around September 1, 2014, the Plaintiff sent back to the Chungcheongnamnam University Hospital pursuant to 119 and received hospitalized treatment until September 5, 2014, and thereafter received hospitalized treatment until November 8, 2014.

[Reasons for Recognition] The plaintiff at the site of the plaintiff's assertion that there is no dispute was demanded by the party G to perform the construction of electric wires to install the scheduled elevator for the following day on the plaintiff.

Accordingly, while the Plaintiff requested G to install a plate for the establishment of the establishment of a regional headquarters in the ELIE opening of the G, G only did it appear to be “Ahhhhh” to the Plaintiff, but did not install it.

The plaintiff was forced to dismantle the safety difficulties installed at the entrance of the Libert, and to establish a plate for the establishment and promotion of the establishment of the ELVP, entering the opening of the rooftop floor.

The defendant violated the duty of safety consideration to the plaintiff who is an employee, did not take measures to prevent the fall in violation of the Occupational Safety and Health Act, and is liable for employers for G's illegal acts, and is also liable as the owner of a structure.

Judgment

As to the breach of duty of safety consideration for workers, the Defendant, the owner of the construction of detached Housing, has awarded a contract for the electrical construction part to E, who is the owner of the construction of detached Housing, and only employed the Plaintiff as a daily worker.