beta
(영문) 서울남부지방법원 2019.11.21 2019가단210097

손해배상(산)

Text

1. The Defendant’s KRW 8,00,000 as well as annual 5% from August 10, 2017 to November 21, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a child of the network C, who is one of co-inheritors, and the defendant is a person who conducts various manufacturing businesses with the trade name "E" in both weeks D.

B. C initially employed in 1996 as “E” and repeated retirements, and re-entered around June 2012.

C as a technician of Daging (the manufacture of products by melting deast, lead, or alumum with electric power) the product classification, processing, assembling, packing, etc. in addition to the Daging work.

C, together with the defendant and two other employees, worked for 08:30 to 17:30 a week for 8 hours (one hour a week).

At least 200 km per day, an annual handling of 1,400 g- 200 g by conducting a dialging work from 7th to 10th day per month.

C. C was discovered on August 10, 2017 after death at around 07:10.

According to the autopsy and appraisal report, the private person is presumed to be a acute pulmonary pulmonary waste, and the possibility of acute aggravation of chronic pulmonary pulmonary disease cannot be ruled out.

The Korea Workers' Compensation & Welfare Corporation recognized the death of the deceased due to an occupational disease under the Industrial Accident Compensation Insurance Act and paid 40,324,550 won to the plaintiff, funeral expenses, and 10,376,150 won to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. An employer who has arisen liability for damages is an incidental duty under the good faith principle accompanying an employment or labor contract, and is obligated to take necessary measures, such as improving physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, etc., as well as to take necessary measures

The main affairs of the C are the high risk of chronic closed-pulmonary diseases.

Nevertheless, according to the evidence No. 2, it can be recognized that the defendant did not provide C with any protective gear.

The deceased's chronic end-pulmonary disease is acute.