손해배상(산)
1. The Defendant’s KRW 50,781,441 as well as the annual rate from September 2, 2015 to August 22, 2019, and the following.
1. Facts of recognition;
A. On June 16, 2015, the Plaintiff, who entered into an employment contract with the Defendant and served as an on-site employee of the metal team of the Defendant Company, was suffering from an accident where the Plaintiff, around September 2, 2015, was fluored by the hands over the presses, putting the steel plate in the press machine from the presses 1 at the presses inside the Defendant Company’s workplace, and carried the presses on the presses floor during the work, and putting the presses on the presses.
(hereinafter “instant accident”). (b)
The Plaintiff suffered injury from cutting off the 2, 3, 4, and 5 excellent goods due to the instant accident was paid by the Korea Labor Welfare Corporation a total of KRW 50,490,70 as follows:
C. By April 20, 2017, the Defendant paid KRW 2,393,286 to the Plaintiff six times as the name of medical expenses, etc.
[Reasons for Recognition] Unsatisfy, Gap evidence 3, 4, 5, Eul evidence 1 and 4
2. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying a labor contract, an employer of the basis of liability 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 is liable to compensate for damages incurred by an employee by violating such duty of protection.
(See Supreme Court Decisions 97Da12082 delivered on February 23, 199, 99Da47129 delivered on May 16, 2000, etc.). The accident of this case, which entered into an employment contract with the Plaintiff, appears not to have been fixed with the presses, but to have occurred since the safety center was not operated properly, the Defendant, the employer, who entered into an employment contract with the Plaintiff, takes necessary measures to ensure that, as an incidental duty to the good faith principle attached to the employment contract, a worker does not harm the body if he/she works using a machine, but fails to perform such duty to protect the Plaintiff.