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(영문) 부산지방법원서부지원 2020.11.11 2018가단113377

손해배상(산)

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 60,731,315 won and the period from October 17, 2018 to November 11, 2020.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) performed civil engineering works at the D Construction Site (hereinafter “instant construction site”) in Gyeongbuk-gun, Gyeongbuk-gun (hereinafter “instant construction site”).

B. On August 23, 2014, the Plaintiff entered into an employment contract with Defendant B by setting the term of contract as KRW 170,000 per wage day from August 23, 2014 to December 31, 2014, and worked as a mold box at the construction site of this case.

C. On September 29, 2014, while the Plaintiff cutting the steel bars to a high speed cutting machine at the instant construction site, there was an accident in which the flame wave was protruding from the right eye (hereinafter “instant accident”). The Plaintiff suffered injury to each of the instant accidents, such as the boome image, and the boome on the boome of the boom, etc. (hereinafter “instant injury”).

The Korea Workers' Compensation and Welfare Service recognized the instant injury suffered by the Plaintiff as an occupational accident, and paid the Plaintiff KRW 22,085,620 of temporary layoff benefits, medical care benefits 6,734,220 of disability benefits, and disability benefits 63,253,950 of disability benefits under the Industrial Accident Compensation Insurance Act from September 29, 2014 to November 17, 2015.

E. From April 15, 2014 to March 4, 2016, Defendant B entered into a contract for domestic workers’ accident compensation insurance (hereinafter “instant insurance contract”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) with the content that the insurance period is KRW 100,000,000 per capita’s maximum amount of compensation for the insured.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As incidental obligations under the good faith principle accompanying employment or labor contract, one employer assumes the duty of protection or safety consideration to prepare necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing labor, and violates such duty.