beta
(영문) 울산지방법원 2017.04.05 2016가단331

손해배상(산)

Text

1. The Defendant: (a) KRW 6,848,358; (b) KRW 4.5 million to Plaintiff B; and (c) KRW 2.5 million to Plaintiff C; and (d) January 2016 to the Plaintiff C.

Reasons

1. Occurrence of liability for damages;

A. In fact, on October 1, 2014, Plaintiff A entered into an employment contract with the Defendant Company and worked at the site of new construction electrical construction for teachers of the Gangseo-gu 2673-1 Gangwon-gu, Yangsan-si.

Plaintiff

A, at the construction site above on November 12, 2014, while assisting with the installation of electric cables, suffered injuries, such as cutting off the floor and cutting down the upper right-hand bridge, while going beyond a bridge.

(hereinafter “the instant accident”). Although it is necessary to carry out the work using a type A bridge, two persons were to carry out the work, there was no other worker who would have balanced the bridge at the time of the instant accident.

Plaintiff

B The wife of Plaintiff A, and Plaintiff C are children of Plaintiff A.

[Reasons for Recognition] Facts without dispute, Gap 2, 5, 15 evidence, Eul 2 evidence, witness D's testimony, the purport of the whole pleadings

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer 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 the employer is liable to compensate for damages caused by his/her breach of such duty of protection.

(2) In light of the aforementioned facts, the Defendant, as an employer, neglected to take safety measures, such as making up the number of persons who maintain the balance of a bridge and allowing them to use safety equipment to prevent the fall, such as safety labelings, etc., on the ground that the aforementioned facts are in danger of falling when working using a bridge. Thus, the Defendant, as an employer, was negligent in taking such measures, even though he/she neglected to take the safety measures, such as making up the number of persons who maintain the balance of a bridge, or using safety equipment to prevent the fall.

Therefore, the defendant is liable for compensating the damages suffered by the plaintiffs due to the accident of this case.

2. However, according to the evidence adopted earlier, the Plaintiff A uses safety equipment, such as safety labeling, and the bridge is sufficient.