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(영문) 부산지방법원 2016.09.22 2015가단208074

손해배상(산)

Text

1. The Defendant: (a) KRW 1,00,000 for each of the Plaintiff A, Plaintiff B, and C, and its related thereto, respectively; and (b) from January 9, 2014 to September 2016.

Reasons

1. Facts of recognition;

A. The Defendant is the owner and captain of power-driven vessel E (hereinafter “instant vessel”), and the Plaintiff was employed by the Defendant and served as the captain of the instant vessel.

B. On January 9, 2014, the instant vessel stayed around the south side of 10:30 occ., and the Defendant, the captain, used the machine in the steering house, carried out the operation of walking the ventilation. The Defendant, as the captain, carried out the operation of walking the ventilation by using the machine at the steering house. The flusing flance flance flance flance flance flance flance on the wind coming from the wind coming by flicking the upper part of the Plaintiff A, who carried out work in the vicinity of the flusing area, was thereby injured by the Plaintiff A.

(hereinafter referred to as "the disaster of this case". (c)

Plaintiff

A from NFFC on April 18, 2014 to the same year

9.2. Until December 1, 200, injury and disease benefit totaling KRW 9,415,856, and disability benefit totaling KRW 23,323,300 were paid for the instant accident by fishing vessel crew members and fishing vessel accident compensation insurance.

Plaintiff

B is the denial of Plaintiff A, and Plaintiff C is the child of Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 11, 12, Eul evidence 1 and 2, Eul evidence 1 and 2, the gist of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the defendant, as an employer of the plaintiff A, has a duty to establish a safe physical environment and take necessary measures so that the plaintiff, who is an employee, does not harm life, body, and health in the course of providing the above labor, thereby preventing the accident in advance. Thus, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident in this case.

B. Limitation of liability: Provided, That taking into account the circumstances revealed in the entire process of pleadings, such as the background of the occurrence of the instant accident, the Plaintiff A is also a vessel.