손해배상(산)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reason why the court states this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff’s monthly salary is too small, and thus, the Plaintiff had no choice but to continue to work by extending working hours such as ordinary nights in order to receive overtime allowances. While the Defendant Company knew that the Plaintiff was receiving treatment due to high blood pressure, etc., the Defendant Company silented the Plaintiff on such excessive work.
As a result, the plaintiff suffered overwork and stress, and caused frequent regrance and drinking with the defendant company's dynamics and superiors.
As such, the Defendant Company ordered the Plaintiff to work excessively in violation of the duty to protect the Plaintiff, and as a result, the instant accident occurred, the Defendant Company is liable for compensating the Plaintiff for damages caused by the instant accident.
B. Determination 1) In order for an employer to be held liable for tort against physical accidents suffered by an employee who is obligated to protect an employee under the good faith principle accompanied by a labor contract, the employer should be found to have been negligent in failing to take any particular safety measures for avoidance despite having known or could have known that physical accidents caused by the pertinent work could occur. The existence of such negligence lies in the burden of proof (see Supreme Court Decision 99Da60115, Mar. 10, 200) 1, 3, 5 through 13, and 19 evidence (including numbers; hereinafter the same shall apply) of the Plaintiff’s proof of proof (including numbers; hereinafter the same shall apply). In light of the above circumstances, the accident of this case is deemed to have been committed by the Plaintiff’s drinking and smoking habits, such as high blood pressure, etc., which the Plaintiff had.