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(영문) 광주고등법원 2019.01.18 2017나16029

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. On April 29, 2014, the Defendant contracted the “I New Construction Work” in Gangwon-gun H (hereinafter “New Construction Work”) from G, and subcontracted the “F” among them to F, and around June 1, 2014, F re-subcontracted the “J” of the “New Construction Work” to the J Co., Ltd. (hereinafter “J”).

B. On June 5, 2014, at the site of the instant new construction project, Plaintiff A, an employee of J, installed a panel on the outer wall of 11 meters above the ground at the site of the instant new construction project, installed a board on the outer wall of the building at a height of 11 meters above the ground, and took down down by using a safety log, and suffered bodily injury, such as a pressing of the first도요 emissions and the pressure frame No. 12, by falling above the ground at a height of four meters above the wind fixed on the rooftop structure.

(hereinafter referred to as “instant accident”). C.

The Korea Labor Welfare Corporation recognized the instant accident as an occupational accident, and paid the Plaintiff A temporary layoff benefits amounting to KRW 94,513,370, medical care benefits amounting to KRW 179,273,270, and lump-sum disability benefits amounting to KRW 138,392,473, respectively.

Plaintiff

B is the spouse of the Plaintiff A, and the Plaintiff C and D are the children of the Plaintiff.

E. The contents of the Occupational Safety and Health Act, etc. related to the instant case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 4, 6, 7, 18, 19, 27, Eul's evidence Nos. 2 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Ground of liability 1) The former Occupational Safety and Health Act (amended by Act No. 13906, Jan. 27, 2016; hereinafter the same shall apply)

According to Article 29(1)1 and (3) of the Act and Article 26(2) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 25836, Dec. 9, 2014), a business owner who engages in a business conducted in the same place and whose part of the business is to be awarded a contract under a separate contract shall include his/her contractor (including a subcontractor).

The Ministry of Employment and Labor shall be the place where any employee might fall.