손해배상(산)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 1, 2010, the Plaintiff entered the Defendant Company and inspected whether the product was defective.
B. On June 18, 2011, while preparing to work at a home on June 18, 2011, the Plaintiff was used in a bath room and was sent to the hospital, and was administered with two climatic surgery, cerebral surgery, cerebral surgery, cerebral surgery, and cerebral surgery as a result of blood transfusion in the brain room.
(hereinafter referred to as “instant accident”). C.
The Plaintiff obtained approval for industrial accidents due to the instant accident, and received 312,531,650 won in total, including 41,12,630 won in temporary layoff benefits, 197,52,340 won in medical care benefits, 57,214,750 won in disability benefits, and other 16,651,930 won in total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results on president of the mountainous district within the Korea Labor Welfare Corporation, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant company has a duty to ensure the safety of the plaintiff's body, in violation of this duty, and the accident of this case occurred, so the defendant company has a duty to pay the plaintiff the money stated in the claim as compensation for damages caused by the accident of this case.
B. Determination 1) An employer, 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 his/her life, body, and health in the course of providing his/her labor, and is liable to compensate for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decision 9Da47129, May 16, 2000). Furthermore, as an incidental duty under the good faith principle accompanying a labor contract, an employer who bears the duty to protect an employee’s physical injury is liable for tort liability under Article 750 of the Civil Act with respect to an employee’s physical accident.