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(영문) 창원지방법원마산지원 2015.09.04 2015가합100037

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation engaged in the business of manufacturing shipbuilding machinery, such as ship blocks, and the Defendant runs a vessel vessel processing business in the name of "C". The Plaintiff is operating a vessel block manufacturing factory in Seocho-gu, Seocho-gu, Seoul. The Defendant also registered its business at the location of the same place. In compliance with Article 27 (Observance of the Safety and Health Management Regulations), the Defendant is responsible and endeavoring to prevent industrial accidents in the Plaintiff’s workplace, and the Defendant’s specific obligations are as follows.

1. Duty to faithfully observe all the standards prescribed by the Occupational Safety and Health Act;

2. Obligations to faithfully observe and implement all the matters prescribed in the safety and health management regulations of the plaintiff;

3. A duty to faithfully implement the instructions, such as the plaintiff's corrective measures and recommendations for improvement, in supervising and supervising the employees of the defendant.

4. Other duties to preserve and promote the lives, safety and health of the employees of the defendant and to prevent safety accidents and industrial accidents.

1. When the Plaintiff deems it necessary, he may supervise the Defendant’s work process of goods under contract and the status of performing the contract, and give necessary instructions, and thereby, the Defendant’s contractual obligation shall not be mitigated.

2. In the event that the cleaning and rearrangement money related to 5S is known, the plaintiff may immediately order the suspension of work, and the defendant shall comply therewith.

Article 30 (Industrial Accidents)

1. regardless of the term of validity of this Agreement, the defendant's work workers and third parties who occurred at the defendant's workplace or at the third place during the delivery of this Agreement shall be liable for any tangible and intangible accidents to the defendant, and the processing of these accidents shall be entirely dealt with at the defendant's expense.

2) On January 1, 2009, the Plaintiff entered into a contract for installation works with the Defendant for the design of shipbuilding block (hereinafter “instant contract”).

Of the terms and conditions attached to the instant contract, the pertinent provisions are as follows.