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(영문) 부산지방법원 2017.11.14 2016가단348184

손해배상(산)

Text

1. The Defendant’s KRW 30,869,768 as well as the Plaintiff’s annual rate of 5% from December 2, 2015 to November 14, 2017.

Reasons

1. Basic facts

A. The defendant is the operator of Category C, who is a off-f manufacturing company, and the plaintiff is an employee of the nationality of Uzbekistan employed by the defendant.

B. On December 2, 2015, at around 15:20, the Plaintiff suffered an accident where the left retail of the clothes in which the Plaintiff entered was flicked in the 2drum (hereinafter “instant drum”) of the radioactive unit, which is a device manufactured by using the rop, while working in a knife with the knife with the knife in the knife (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff suffered injuries, such as damage to the left-hand sloping wall, heat, left-hand 2, 3, 4, and 5 tensions on the left-hand side, and damage to the water slopings on the left-hand side.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, although the defendant, as the plaintiff's employer, has a duty to prepare a safe physical environment to prevent harm to life, body, and health in the course of providing labor, and to take necessary measures in advance to prevent accidents, the defendant did not take sufficient measures to prevent accidents in the business place, such as the provision of safe work clothes to prevent the spread of the clothes retail of the worker, and did not conduct proper safety education conducted against foreign employees. Accordingly, the accident of this case occurred.

Therefore, the defendant is responsible for compensating the plaintiff for damages caused by the accident of this case.

B. Limitation of liability: (a) the Plaintiff, as well as the Plaintiff, was negligent in failing to perform his/her duty of care to ensure the safety of himself/herself, such as working with due care not to see the retail of clothes as a drum in operation; and (b) such negligence of the Plaintiff also constitutes the instant case.