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(영문) 의정부지방법원 2017.07.19 2015가단37085

손해배상(산)

Text

1. The Defendant’s KRW 218,937,593 as well as the Plaintiff’s annual rate from December 8, 2014 to July 19, 2017, and the following.

Reasons

1. Establishment of liability for damages;

A. The Defendant, on November 1, 2014, employed the Plaintiff as a production worker to work in a bedclothes manufacturing plant operated by himself/herself.

From that time until December 8, 2014, the Plaintiff carried out the plant of species, beer, and the packing delivery of yeast.

On December 8, 2014, while the Plaintiff was engaged in the work of inserting the plant into the beer of the plant by using machinery at around 09:30 on December 8, 2014, the Plaintiff was faced with an accident in which the plant was cut by hand on the material inside the plant where the plant was cut by all of the plant that the plant does not operate, and the plant was cut by opening a lid by the end of the plant and cutting the plant by cutting off the plant.

(hereinafter “instant accident.” The Plaintiff was diagnosed as the name of the upper right part, the water department, the water department, and the scopic scopher, the right-side scopher and the scophers, and the scophers, and the right-side scophers, for the injury inflicted by the instant accident.

The plaintiff is a foreigner of the nationality of the People's Republic of China, and there was a limitation on communication through the Korean language at the time of the accident.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 to 4, each of the pictures No. 5-1 to 5, six photographs of evidence No. 6, 8-12 and 9 of evidence No. 8, the result of this court’s physical appraisal commission to the head of the Seoul University Hospital Hospital, the purport of the whole pleadings

B. Determination 1) An employer of responsibility is an incidental duty under the good faith principle accompanying an employment or labor contract, and bears the duty of protection or safety consideration to prepare necessary measures, such as improving a physical environment, so as not to harm life, body, and health, in the course of providing labor by an employee. In the event an employee suffers damage due to his/her breach of such duty, he/she is liable for damages arising from nonperformance (see, e.g., Supreme Court Decision 97Da12082, Feb. 23, 1999). The foregoing recognized fact and the following circumstances are inferred from the fact of recognition.