손해배상(산)
1. The Defendant’s KRW 84,618,561 as well as 5% per annum from January 16, 2016 to February 12, 2020 to the Plaintiff.
1. Facts of recognition;
A. On January 16, 2016, the Plaintiff, as an employee of the Defendant Company, was conducting the installation of a roof board at the seat of the building site of the Kimcheon-si Community Living Facilities (hereinafter “instant accident”) and took a steel plate on the opposite lower part in order to execute the steel plate, which is a multiple number of the board lower part of the board, and the Plaintiff fell under the floor (hereinafter “instant accident”).
B. The Plaintiff suffered injuries, such as external trauma fever, external trauma pulmonary malopty, external malopa, external malopa, electric voice scalopa, etc., by the instant accident.
C. As to the period of medical care from January 16, 2016 to November 20, 2017, Korea Workers’ Compensation and Welfare Service paid the Plaintiff temporary disability benefits of KRW 42,593,670, and KRW 16,177,630, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 7 (including a branch number, hereinafter the same shall apply) and the purport of the whole pleadings
2. An employer who has incurred liability for damages 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, and where an employee suffers damage by violating such duty, he/she shall be liable for compensation;
(See Supreme Court Decision 97Da12082 delivered on February 23, 199). According to the above facts, the plaintiff, as the defendant's employee, fells below the defendant's work of installing a roof board at a construction site, and the defendant neglected to take necessary measures so that the case does not fall if he works at a place with a risk of fall. The defendant neglected to take necessary measures so that the accident of this case may not fall. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff.
The above facts of recognition A.