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(영문) 부산지방법원서부지원 2019.12.11 2018가단102889

손해배상(산)

Text

1. The Defendant’s KRW 67,663,917 as well as 5% per annum from November 7, 2018 to December 11, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of manufacturing steel structure, and the plaintiff is a worker belonging to the defendant.

B. On December 29, 2016, the Plaintiff, at the lower-class shop of the Defendant’s steel plate, posted the steel plate on the steel plate loaded on the strawer in the strawer, and then moved and load it to another place (hereinafter “instant work”).

C. During the instant work, the cler’s house with the iron plate was separated, and the Plaintiff felled with the iron plate loaded below approximately 1-1.5 meters on the steel plate which was moored to the cler.

(hereinafter “instant accident”). D.

The Plaintiff suffered from the injury of the pressure frame 2 times as a result of the instant accident.

E. The Plaintiff did not receive a separate safety gear from the Defendant in performing the instant work.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 1-3, Eul evidence 3-1, 2, 5, witness D's partial testimony, and the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) According to the fact of recognition of liability, it is sufficiently possible to expect that occupational accidents may occur in the steel board in the event that the upper wheel is engaged in moving the upper wheel by using the cream.

The defendant who is the employer of the plaintiff bears the duty of safety consideration accompanied by the labor contract, such as creating a human and physical environment, so that the plaintiff, who is an employee, can work without any harm to his body and health.

It is obvious that the Defendant failed to perform the above duty of safety consideration and caused the instant accident, and the Defendant is liable to compensate the Plaintiff for damages incurred by the instant accident, barring any special circumstances.

Even if the defendant asserts, the defendant's iron board is above that of the plaintiff.