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(영문) 창원지방법원 2020.01.31 2019가단109790

손해배상(산)

Text

1. The Defendant’s KRW 25,681,134 as well as the Plaintiff’s KRW 5% per annum from December 27, 2018 to January 31, 2020.

Reasons

1. Occurrence of liability for damages;

A. In fact 1), the Plaintiff was employed by the Defendant company engaged in the manufacturing of principal gold and automobile parts from November 8, 2018. (2) On December 27, 2018, the Plaintiff suffered from cutting off the damage caused by the error in the operation of the press system in the operation of the press system while the Plaintiff was engaged in work using the press system operated at the location of the Defendant company.

(3) The Defendant’s representative director C stated that the accident in this case, which was submitted to the Korea Workers’ Compensation and Welfare Service, is caused by the industrial accident investigation report on the instant accident, that “the damage is caused by the malfunction in the press system due to the malfunction in the operation of the press system from among the operations of the press system.” This is consistent with the entry of the Plaintiff’s claim for medical care benefits and temporary disability compensation benefits submitted to the said Corporation, and even in the industrial accident investigation conducted by the Korea Workers’ Compensation and Welfare Service, the said factual relation was recognized as is in fact.

(2) A business owner shall take necessary measures, such as installing protective devices with performance corresponding to the suspension performance of presses, etc., where it is impracticable to take measures in accordance with paragraph (1) due to the nature of the work. (2) The business owner shall take necessary measures, such as installing protective devices with performance corresponding to the suspension performance of presses, etc.

(3) In order to take the measures referred to in paragraphs (1) and (2), a business owner shall attach the position of administrative transition, the position of converting protective devices, etc. to the press.