beta
(영문) 서울남부지방법원 2018.05.29 2017가합103208

손해배상(기)

Text

1. The Defendant: (a) against Plaintiff A, KRW 30,274,789; and (b) against Plaintiff B and C, KRW 68,486,787, and each of the said amounts. < Amended by Act No. 1513, Feb. 3, 2018>

Reasons

1. Basic facts

A. 1) The Plaintiff A is the deceased E (hereinafter “the deceased”) on December 1, 2016.

(2) Plaintiffs B and C are the deceased’s spouse, and the Defendant is a company established for the purpose of construction business and the manufacture and construction of steel structure. The deceased was employed by the Defendant around January 16, 2012 and worked until December 1, 2016.

B. Around 11:50 on December 1, 2016, the Deceased’s Deceased and the Deceased’s Death died due to an accident using NCC drals (hereinafter “instant machinery”) at the Defendant’s factory located in Modry F (hereinafter “the factory of this case”) while performing the nC dralsing operation of the instant machinery, which was carried out by using the nCral salscrys (hereinafter “instant machinery”), and the hn beaming operation of the instant machinery was carried out by the Defendant’s plant located in Modals (hereinafter “the instant plant”). On the same day, the Plaintiff died due to the flals of the instant machinery at the upper end of the instant machinery, which was fl

(hereinafter “instant accident”). C.

On July 11, 2017, the Defendant was charged with the violation of the Occupational Safety and Health Act; G, as the Defendant’s director, overall control over the production and installation of steel structure at the instant plant, was also charged with the violation of the Occupational Safety and Health Act and the crime of death by occupational negligence (Article 38756 of the Military Prosecutors’ Office in 2017; and Article 38756 of the Suwon District Court in 2017; and on February 9, 2018 in 2018, “G” in the factory laboratory of this case, around December 11, 2016, had the Deceased, who is the victim, engage in the instant processing of H beam hole holes by using the instant machinery, without installing a cover, etc., of the dives of the said machinery, which might cause workers to suffer from danger; and by having the hn beam process of the machinery to work without stopping its operation.