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(영문) 수원지방법원 안산지원 2018.07.17 2017가단58161

손해배상(산)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Company is a corporation engaged in the manufacturing wholesale and retail business of net, fishing, and similar products.

D On January 24, 2012, the Defendant was employed as a production worker in the Defendant Company, and the Defendant Company performed the freezing of food materials, cutting and crushing of materials, movement of materials and mixing of materials.

B. D around September 22, 2015, around 07:20 on September 22, 2015, in order for the Defendant Company to make preparations to work in the Defendant Company’s factory and to take rest on the grounds that her chest return and her respiratory difficulty is difficult, D was found to have been deceased at around 08:05 on the same day, and as a result, the private person was found to have a acute diameter.

(hereinafter the above death accident is called “instant accident” and D is referred to as “the deceased”).

Plaintiff

A The father of the Deceased and the mother of the Deceased B inherited the Deceased according to their shares of 1/2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 15, 18 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that they worked at one hour prior to the normal work hours and started preparing work, and even on Sundays, they were preparing three to four hours for work on the following day.

In order to transport food materials during working hours, the deceased frequently entered the freezing 20 degrees inside and outside the bonded warehouse. The freezing warehouse is free from the temperature of at least 40 degrees of temperature to the outside and the health of the healthy person, even if they frequently enter the storage, the deceased was able to suffer health problems.

In addition, other employees were able to take full charge of the deceased's access to freezing because of their age, and the defendant did not prepare safety education or safety devices on freezing operations.

In light of the form of work and place of work, the duties of ordinary deceased were excessive, and the deceased’s symptoms before the instant accident occurred.