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(영문) 부산지방법원 2021.03.09 2020가단323335

손해배상(산)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation that runs a large-scale retail store business (smarket, shopping center, large store, department store business), and H (I students; hereinafter “the Deceased”) served as an employee of the Defendant company from February 7, 1996.

B. Around March 7, 2020, the deceased was found to have been used on the floor of the first floor toilet of the building of the Yangsan Logistics Center in Yangsan-siJ on March 7, 2020, a working day, and died (hereinafter “the instant accident”). A postmortem examination conducted by the deceased was presumed to have a private person directly related to the deceased’s heart and blood relatives.

(c)

Plaintiff

A is the wife of the deceased, and the deceased B, C, and D are the inheritors of the deceased as their children.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 6, Eul evidence No. 1, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion: (a) even though the deceased was aware of a physical disease, such as cardio-cerebral disease, the defendant had the deceased work in a mixed manner and left alone on the toilet floor for more than six hours; (b) the accident in this case occurred due to the defendant's failure to perform his duty of care or safety consideration for the deceased; (c) therefore, the defendant is liable to pay to the plaintiffs the amount equivalent to the plaintiffs' share of property among the loss (daily income and consolation money) caused by the accident in this case, and consolation money for mental suffering caused by the death of the deceased; and (d) as part of the claim, the defendant sought payment of each money stated in the purport of the claim.

3. Determination

A. As an incidental duty under the good faith principle, an employer of the relevant legal doctrine bears the duty to take necessary measures, such as improving the human and physical environment so that a person under consideration does not harm his/her life, body, and health in the course of providing his/her labor, and is liable for compensating for damages inflicted on a person under consideration by violating such duty (see Supreme Court Decision 200Do319, Feb. 23, 199).