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(영문) 인천지방법원 2017.08.25 2015가단227429

손해배상(산)

Text

1. The Defendant shall start on July 25, 2013 with respect to the Plaintiff A, KRW 181,969,459, KRW 10,000, and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Defendant is a company that is engaged in the business of performing civil engineering, building, water supply and drainage, packing, waterproof, design construction, etc. with the Plaintiff and entered into a contract for daily work with the Plaintiff. The Plaintiff is a person who is engaged in the Defendant’s work of transport, cleaning, and roller work at the site of packing work of the first section for the construction of the housing site development project in the Chungcheongbuk-si, Chungcheongnam-si, the Defendant works for the development of the housing site development project (hereinafter “instant work”), and the Plaintiff B is the Plaintiff’s mother.

B. Plaintiff A, under the Defendant’s direction and supervision, was used in the instant work, around 13:30 on July 25, 2013, while drinking water and drinking water, which had been engaged in the instant work, was released from a hospital and was determined as a heat-related disease by the 119 emergency squad.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A In connection with the instant accident, the Korea Workers' Compensation and Welfare Service recognized the term "from July 25, 2013 to January 8, 2015" as the name of an injury or disease, such as heat-dead, brain-dead, cerebral cerebral Bribery, and physical training room, and received the payment of KRW 19,951,720 for temporary disability compensation benefits and KRW 104,685,080 for medical care benefits, and KRW 104,685,080 for the medical care benefits, and KRW 72,593 for the final average wage (applicable average wage) and ④ nursing benefits (amount to KRW 19,493,010 until April 19, 2017). < Amended by Act No. 1493, Apr. 19, 2017>

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 9, 11, Eul evidence 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In light of the recognition of liability, an employer is obligated 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, as an incidental duty under the good faith principle accompanying the employment contract, and an employee is liable to compensate for damages caused by his/her breach of such duty of protection.