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(영문) 의정부지방법원고양지원 2020.12.16 2019가단99343

손해배상(산)

Text

The defendant's KRW 83,227,392 to the plaintiff and 5% per annum from February 20, 2017 to December 16, 2020 to the plaintiff.

Reasons

1. Establishment of liability for damages;

A. 1) On March 25, 2016, the Plaintiff was employed in the Defendant company and started to work in the brea-gu Mayang-gu Mayang-si C. 2) On February 20, 2017, the Plaintiff: (a) around 17:10, the Plaintiff placed his hand on the packaging machine to determine the packing location (hereinafter “instant packing machine”); and (b) sustained three degrees of hand and fingers by dividing the left hand into the machinery.

On the other hand, the packaging machine of this case did not have safety devices such as protective covers.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 6, and 7 and the purport of the whole pleadings

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer shall be obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and shall be liable to compensate for damages incurred by an employee by violating such duty of protection.

(2) Article 128 of the Rules on Industrial Safety and Health provides that the business owner shall take necessary measures, such as installing a cover, in a case where the operating part of the packing or shock machine, such as a paper box box, etc. is likely to cause danger to workers, by comprehensively taking account of the following facts acknowledged and the overall purport of the arguments, including the aforementioned facts and the evidence mentioned above. However, Article 128 of the Rules on Industrial Safety and Health provides that the business owner shall take necessary measures, such as installing a cover, in a case where the part of the packing or shock machine, etc. of a paper box, etc. is likely to cause danger to workers. However, in light of the following, the business owner may put the packaging paper and the breath of a plastic bag that packages the breath in the instant case, into the machine, and put the breath in the container, and the breath in the middle of the breath in the b