beta
(영문) 서울중앙지방법원 2018.10.23 2018나23697

손해배상(산)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The reasons for this part of the facts of recognition are as stated in the part of paragraph (a) of Article 1 of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer is obligated 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 employer is liable for damages caused by nonperformance of such duty where the employee suffered damages.

(2) In light of the aforementioned evidence and facts, the Plaintiff: (a) as at the time of the instant accident, connected a truck beam line with one other worker at the time of the instant accident, and sent a signal (e.g., whether or not the shot beam lines are figures and the direction shift) to the string engineer at the time of the instant accident; and (b) as at the same time, the Plaintiff was in charge of carrying and balance the string beam in hand so that the string beam can not skes or run off the truck; (c) the Plaintiff was at the end of the nd beam beam; (d) according to the Plaintiff’s assertion that the 16 meters shot beam beam length was visible; and (e) according to the Defendant’s assertion, the witness at the first instance court was at least 18 meters; and (e) the Plaintiff’s statement at the court of first instance was at the time of the instant accident; and (e) the Plaintiff’s overall process was not easy to grasp the situation of the person in charge of the instant accident.