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(영문) 대전지방법원천안지원 2016.11.09 2015가단109443

손해배상(산)

Text

1. The Defendant’s KRW 18,00,000 as well as the Plaintiff’s annual rate from June 12, 2014 to November 9, 2016, and the following.

Reasons

1. Facts of recognition;

A. The defendant is a company with the objective of producing and selling gold-type and selling metal-processing and selling business, etc.

The plaintiff ( Mongolian nationality foreigner) was employed by the defendant company on February 20, 2014, and has operated presses at the defendant company's factory.

B. On June 12, 2014, at around 17:40 on June 12, 2014, the Plaintiff and the injured Plaintiff collected losses from the press machine to put materials while working at the Defendant Company’s factory, YP-71282 RE process.

At that time, the presses upper slicked the Plaintiff's slick, and the Plaintiff's slicked the Defendant's slick.

(hereinafter “instant accident”). The Plaintiff suffered injury to cutting off 1, 2, and 3 hand knives of the instant accident (hereinafter “instant injury”).

[Reasons for Recognition] A without any dispute, each entry of Gap evidence 1-5 (including each number, if any; hereinafter the same shall apply), the result of an appraisal commission to the Chief of Seoul National University Hospital, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As the Plaintiff’s employer, the Defendant should have sufficiently explained the Plaintiff’s work process and thoroughly provided safety education to ensure that part of the body does not enter the press.

In addition, the defendant must use the hand inevitably by the plaintiff.

Even if there was a mechanical measure to prevent danger (e.g., installation, maintenance, and repair of physical center, etc.) and supervision during work to prevent accidents in advance.

The defendant, without properly performing these obligations, allowed the plaintiff to independently operate presses without sufficient safety education, mechanical measures, surveillance, and proper placement of personnel.

In particular, since the plaintiff was a citizen of Mongolian nationality who was not proficient at the end of Korea, the defendant had been in charge of providing explanation and safety education in the press operation process so that the plaintiff could be sufficiently identified.