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(영문) 서울남부지방법원 2017.08.09 2016가단45377

손해배상(산)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D (EE; hereinafter referred to as “the deceased”) was employed by the Defendant on October 25, 2014, and was in charge of the work of preparing teas and meals for the Defendant, who moved into the housing located in the Gu and Si and Gun F (hereinafter “instant housing”) owned by the Defendant, and went into the housing located in the Gu and Si and Gun (hereinafter “instant housing”).

B. At around 06:10 on November 22, 2014, the Deceased was used in the kitchen while preparing a kitchen with the Defendant who was lodging a day in the instant house and four persons working in the kitchen, and immediately sent back to the hospital. However, on the same day, the Deceased died as “marry with a closed blood transfusion.”

C. The plaintiff A is the husband of the deceased, and the plaintiff B is the deceased's child.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1 to 3, purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion that the defendant is the employer of the deceased and has the duty to take necessary measures, such as improving the human and physical environment so as not to harm the life, body, and health of the deceased in the course of providing their labor.

Nevertheless, in violation of the above duty of protection, the Defendant imposed heavy duties on the deceased to the extent that it is difficult for the elderly deceased to cope with by themselves, such as having the deceased clean up 8, outside and outside the hanok operated by the Yong-Namnam Cultural Promotion Agency in addition to the instant house, making the deceased clean up together, making the customer fit, preparing meals, and making a snow, etc. from time to time.

The deceased was eventually caused the death due to excessive work and stress caused by the accumulation of stress as above. The defendant is obligated to pay the amount stated in the claim to the plaintiffs who are the heir of the deceased.

B. (1) An employer is an incidental duty under the good faith principle accompanying an employment contract, and needs to improve the human and physical environment so that an employee does not harm his/her life, body, and health during the course of providing his/her labor.