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(영문) 대구지방법원서부지원 2020.11.03 2019가단66917

손해배상(산)

Text

The defendant's KRW 40,132,307 to the plaintiff and 5% per annum from October 19, 2016 to November 3, 2020.

Reasons

Facts of recognition

The plaintiff is an employee who entered the defendant company around April 2014.

On October 19, 2016, the Plaintiff, at the Defendant Company’s place of business, was engaged in the work of transporting gold bars loaded on the upper top of the upper top by 15 tons up at a height of about 2 to 3 meters from the upper top of the gold-type, with a ceiling 15 tons (15 tons). However, the Plaintiff, while moving back to the opposite to the upper top of the gold-type transporting the above crick, was suffering from injury of cerebral cerebriforms, etc. by shocking the head on the floor of the workplace and shocking the head on the top of the workplace.

(hereinafter “instant accident” (hereinafter “instant accident”). Inasmuch as there is no dispute, an employer who is liable for damages arising from the respective descriptions and images of Gap’s evidence Nos. 1 through 5, and the purport of the entire pleadings, bears the duty to take necessary measures, such as improving a physical environment, so as not to harm life, body, and health in the course of providing labor, as incidental duties under the good faith principle accompanying the labor contract, and is liable for compensation in cases where an employee suffers damage by violating such duty.

(see Supreme Court Decision 97Da12082, Feb. 23, 1999). Business owners shall pay safety belts to workers engaged in work at a place where a high height of at least two meters is likely to fall, and require them to wear safety belts (the same shall apply to those prior to the full amendment by Act No. 16272, Jan. 15, 2019).

Article 23 of the former Rules on Standards for Occupational Safety and Health (amended by Ordinance of the Ministry of Employment and Labor No. 182, Mar. 3, 2017; hereinafter the same shall apply)

(ii) Article 32(1)2 of the Labor Standards Commission Act; Article 32(1)2 of the Labor Standards Commission Act; Article 32(2) of the Labor Standards Commission shall be installed by means of assembly, etc. when workers are likely to pose a danger to workers in a place where they fall or fall, and where it is impracticable to install a work board, the Safety Monitoring Network shall be installed; provided, however, that the Safety Control