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(영문) 인천지방법원 2017.11.28 2015가단226457

손해배상(산)

Text

1. The Defendant’s KRW 50,933,612 as well as the Plaintiff’s annual rate of 5% from January 29, 2014 to November 28, 2017.

Reasons

1. Occurrence of liability for damages;

A. Basic facts (i.e., the Defendant is a company that manufactures medicines on consignment, etc., and the Plaintiff is an employee of the Defendant’s production worker.

B. The Plaintiff performed the work of checking the conditions of the production facilities, such as wastewater treatment facilities and external power machinery, on the side of the Defendant’s work site, and cleaning the pipes. To do so, the Plaintiff was required to move at a different level from each other, and at the same time, he or she was suffering from humcona or humcona, and humcona was humcona.

Article 22(1) of the former Act provides that the Plaintiff shall take care of her head in pipes in the process of the above work, and he/she shall be subject to an industrial accident management on January 29, 2014, and he/she requested the Defendant to take care of the industrial accident. On March 1, 2014, he/she retired from the hospital on March 5, 2014, and was subject to the hydronuclear control and cryptism at the hospital.

Then, the plaintiff applied for industrial accident benefits to the Korea Workers' Compensation and Welfare Service, and the Korea Workers' Compensation and Welfare Service approved it and paid the name of the injury and disease to the plaintiff 1,18,470 won in medical care benefits, 8,266,820 won in total, 21,296,470 won in disability benefits, 30,681,760 won in total, by recognizing the period from January 29, 2014 to August 16, 2014.

(v) The Defendant filed a lawsuit against the Korea Labor Welfare Corporation seeking revocation of the above approval disposition (Seoul Administrative Court Decision 2015Gudan59665), but was dismissed as the subject of the filing period.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 and Eul evidence Nos. 2, 3-3, 4, 6-3, 4, 6-6-1, 12 and 13-2 as a result of each regeneration of evidence Nos. 12 and 13-2, the purport of the whole pleadings

B. (i) An employer is an incidental duty under the good faith principle accompanying a labor contract, and is obliged to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor.