A. From September 26, 2011, the Plaintiff, a foreigner of Sri Lankan nationality, worked as a simple labor worker at the Defendant’s business place located in 513, Dong-dong, dong-ro 513, Dong-dong, Kimhae-si.

B. At around 19:00 on August 20, 2012, the Plaintiff: (a) performed the cutting work with the drum lids in which scrap iron was placed in the said place of business; (b) drums cut the drums in order to open the lids; and (c) drums cut off with the face part of the drums.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence Nos. 3 and 4, and purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the Occupational Safety and Health Act and the rules on occupational safety and health standards, an employer is obligated to prohibit a worker from using a fire when he/she orders a worker to engage in any work likely to cause explosion, to direct and supervise the use of a fire so as not to cause explosion, to conduct pre-education, and to provide workers with safety equipment in preparation for explosion accidents.

Since the accident of this case occurred due to the failure of the defendant to properly implement the above measures, the defendant shall compensate for the damages suffered by the plaintiff due to the accident of this case according to the responsibility for nonperformance due to illegal acts or breach of duty of safety consideration under the employment contract in accordance with the violation of laws

B. The limitation of liability is limited, however, that the Plaintiff neglected to make efforts to prevent the occurrence of accidents and the expansion of damage by opening a drum dog prior to the cutting operation, discharging gas or air, wearing a protective gear, etc., and the Plaintiff’s error was caused by the occurrence of the instant accident and the expansion of damage, and thus, the Defendant’s liability is limited to 80% by taking into account all the circumstances into account.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, but the last month.