손해배상(산)
1. The Defendant: (a) KRW 69,919,431 as well as the Plaintiff’s KRW 5% per annum from February 11, 2016 to August 29, 2018; and (b) August 30, 2018.
1. Facts of recognition;
A. The Defendant is a company established for the purpose of shot painting and save business, etc., and the Plaintiff was employed by the Defendant company from September 16, 2014 to take charge of the duties of painting.
B. On February 11, 2016, at around 21:00, the Plaintiff was faced with an accident that, while carrying out a painting on the upper end of the bridge at approximately five to six meters high height of the shooting bridge in Ulsan-gun C (hereinafter “instant workplace”) dispatched by the Defendant, the Plaintiff was forced to immediately lower the shooting bridge down to the lower end of the bridge, and the bridge was down to the direction of the Plaintiff’s right-hand blue (hereinafter “instant accident”).
C. At the time of the instant accident, E, as an employee of the Defendant, carried out the co-government affairs that enable the Plaintiff to carry out painting work on the bridge, and upon the completion of the instant work, carried out the co-government affairs to carry out the bridge. The instant accident site was located at a corner without the floor leveling.
The Plaintiff suffered injuries, such as the upper right flaverization flaver, the left fladum, etc. due to the instant accident.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 and 2 (including paper numbers; hereinafter the same shall apply), witness E's witness E's testimony, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. As incidental obligations under the good faith principle accompanying an employment or labor contract, an employer is obligated to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing labor, and is liable to compensate for damages caused by nonperformance of such obligations if an employee suffers damage.
In addition, if such an employer's act of violation of the duty of protection or the duty of safety consideration meets the requirements of tort, the liability for damages caused by the tort is concurrently borne.