손해배상(산)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 29, 2016, the Plaintiff was deprived of the center of a mobile sloping sloping, which was placed on the stairs between the second floor and the third floor at the site of the construction of a sloping gate located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant construction”) and fell below 1.2 meters, and thereby, the Plaintiff was injured by the pressure frame Section 1 (hereinafter “instant accident”) at the end, which is not in dispute between the parties, or can be recognized by the purport of each entry and the entire pleadings as stated in the evidence No. 2 and No. 4.
2. The assertion and judgment
A. Each of the parties' arguments 1) The plaintiff's summary of the plaintiff's assertion is an incidental duty under the good faith principle accompanying the defendant's labor contract, which provides safety equipment to the plaintiff and takes measures to confirm the environment or risk factors of the workplace so that the plaintiff can work safely by conducting safety education. Thus, the plaintiff's claim is held liable for damages caused by the accident of this case. 2) The defendant, not the defendant, who is the contract owner, but the contract owner, bears the duty to protect the plaintiff, who is the plaintiff's actual user business owner, and the duty to take safety consideration for the plaintiff. The accident of this case occurred due to the plaintiff's gross negligence, such as unreasonable work of the plaintiff in the area of the contract owner's responsibility. The defendant as the contract owner, as the contract owner, did not neglect measures to prevent safety education and protect the plaintiff
B. As an incidental duty under the good faith principle accompanying an employment contract, an employer bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employee suffers loss by violating such duty.