beta
(영문) 부산지방법원 2018.03.29 2017가합47201

손해배상(기)

Text

1. The Defendant: (a) KRW 20,000,000 for Plaintiff A; (b) KRW 5,000,000 for Plaintiff B; and (c) KRW 2,00,000 for Plaintiff C, D, E, and F, respectively; and (c) the Plaintiff.

Reasons

1. Basic facts

A. The defendant was established on February 23, 197 and was operated as a factory producing asbestos products, such as asbestos company, asbestos capture, asbestos tape, asbestos log, etc. (hereinafter “instant asbestos factory”) in the Dong-gu Busan Metropolitan City, 525 (25), and was manufactured asbestos products after the closure of March 26, 1990 and transferred to Yangsan and until the end of 2006.

B. From October 1, 1986 to April 6, 2004, Plaintiff G served in the Defendant’s asbestos product production facilities including each of the instant asbestos plant from December 1, 1979 to February 28, 1994.

C. On December 20, 2016, Plaintiff A was diagnosed by the Yangsan Busan National University Hospital as “malule with asbestos, asbestos, and other optical fibres’s pneumoconiosis.” The Plaintiff G was diagnosed by “asbestos and other optical fibres’s pneumoconiosis” at the same hospital on the same day.

On May 2017 under the Industrial Accident Compensation Insurance Act and the Enforcement Decree of the same Act, the president of the Korea Workers' Compensation and Welfare Service notified the Plaintiff of the determination of the disability grade 13th 16 (persons with Type 1 pneumoconiosis diseases) due to "asbestosis, asbestos-related chests," and the Plaintiff G of the determination of the disability grade 11th 11 (persons with a remaining disorder in chest long-term function) due to "asbestos and other optical fibers".

E. Plaintiff B is the wife of Plaintiff A, and Plaintiff C, D, E, and F are children of each Plaintiff A.

Plaintiff

H is the wife of Plaintiff G, and the children of Plaintiff I, J, and K are children of each Plaintiff G.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 and Eul evidence 2 (including each number, if any)

2. Determination:

A. An employer of liability for damages is an incidental duty under the good faith principle accompanying a labor contract, and the employer shall take necessary measures, such as improving the human and physical environment so as not to harm life, body, and health in the course of providing labor by an employee.