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(영문) 창원지방법원 통영지원 2018.10.02 2018가단20568

손해배상(기)

Text

1. The Defendants jointly share KRW 11,620,751 with respect to the Plaintiff and the period from October 28, 2017 to October 2, 2018.

Reasons

1. Facts of recognition;

A. Defendant B, a business operator engaged in the business of manufacturing vessel components parts with the trade name “E” in Scheon-si D, was the Plaintiff’s user, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a company established for the purpose of manufacturing and installing vessel blocks, steel bars, pipes, etc.

B. The Defendant Company awarded a contract to Defendant B for the dismantling of block plates within the G branch of the Defendant Company’s G branch in Sacheon-si, and the Plaintiff, on October 28, 2017, performed the dismantling of block plates within the said block factory according to the direction of H affiliated with “E”.

C. At around 08:40 on the same day, the Plaintiff was engaged in the dismantling work by taking a block panel and cutting steel connected to the block panel. Around 08:40 on the same day, there was an accident that the Plaintiff fells down around approximately 1.8 meters below the upper part of the block board, resulting in the omission of the conclusion of the block panel, which was initiated by the Plaintiff, and the Plaintiff fell down with approximately KRW 1.8 meters below the block board (hereinafter “instant accident”).

As a result of the instant accident, the Plaintiff suffered injury, such as cutting the peltos to the right part, which requires treatment for about eight weeks.

E. Upon recognizing the instant accident as an industrial accident, the Plaintiff was paid temporary layoff benefits, etc. from October 29, 2017 to July 11, 2018 by the Korea Workers’ Compensation and Welfare Service.

[Ground of recognition] Unsatisfy, Gap's statements or images as to Gap's 1 through 4, and 8 (if there are additional numbers, including each number; hereinafter the same shall apply), the fact inquiry results against the Korea Labor Welfare Corporation, the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. An employer of liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing labor, and where an employee suffers damage by violating such duty of protection.