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(영문) 서울서부지방법원 2014.08.28 2013가단206644

손해배상(산)

Text

1. The Defendant: (a) against Plaintiff A, KRW 38,907,270, and KRW 38,907,280 for each of the said money and each of the said money to Plaintiff B and C, respectively. < Amended by Act No. 11404, Oct. 26, 2012>

Reasons

1. Occurrence of liability for damages;

A. Basic facts (1) Defendant Company is a company that produces roof materials, such as Switzerland Busan High School, at a factory located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and the network F was employed by Defendant Company on October 18, 2012.

(2) On October 26, 2012, around 18:30, the G division leader of the Defendant Company instructed H to remove the asphalt mold from the underground space (including about 2 meters deep) where the machinery of No. 2 machine was stopped and stopped and used to remove the asphalt scrap material. On October 26, 2012, the G division leader of the Defendant Company instructed H to perform work with F, which was located only in a string line with H, and, at the same time, he was doing so in the above plant, from the 2nd 2nd rop, the string line of the machinery of No. 2nd 3rd 2nd 1st 1st 2nd 1st 1st 2nd 1st 2nd 2nd 2nd 2nd 1st 2nd 2nd 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2012.

(hereinafter “instant accident”) (3) The Plaintiffs jointly inherited the net F’s property (one-third of the shares in inheritance) as siblings of the network F.

[Ground of Recognition: without dispute; entry of Gap evidence 1 through 5, and 11; the result of fact inquiry into the president of the Korea Occupational Safety and Health Agency and the president of the National Institute of Scientific Investigation into the part of the National Institute; the purport of the whole pleadings and arguments]

B. An employer who is liable for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving 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 employer is liable for tort in cases where an employee suffers damage by violating such duty.