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(영문) 부산지방법원 2020.12.08 2019가단314410

손해배상(산)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A was employed as a daily worker of the defendant company engaged in the interior interior interior interior interior interior interior interior decoration construction business, and worked to sprink up pipes above approximately 1.7 meters away from the site of the 6th class interior interior decoration construction work in Busan East-gu (hereinafter "the instant vision").

B. On July 14, 2016, Plaintiff A was the break time at around 13:17, and fell before the instant vision (hereinafter “instant accident”), and thereby, Plaintiff A suffered injury, such as two traumas.

C. The plaintiff B is the spouse of the plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, and 14, witness F's testimony, the purport of the whole pleadings

2. The plaintiff's assertion is an employer of the plaintiff A, who is obligated to take necessary measures, such as improving human and physical environment so that his/her employee does not harm his/her body, etc. in the course of providing his/her labor. In particular, the defendant should have fixed the wheels of the instant vision, which is in danger of falling, and have taken measures, such as providing safety equipment, providing safety equipment, and conducting safety education thereon.

However, since the accident of this case occurred because the defendant neglected such duty, the defendant is liable to compensate the plaintiffs for the damages incurred by the accident of this case.

3. In light of the determination, the evidence alone, which was submitted, cannot be found to have been required to ensure the safety at the present site, and it is also insufficient to recognize that safety measures and safety education conducted by the Defendant were insufficient, and that this was the cause of the instant accident.

In this case, it is difficult to see that there is a danger to the extent that it is necessary to install a fall prevention facility or a bridge for boarding.