손해배상(산)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff was a technical director of C (hereinafter “company”) who produces and supplies steel materials, such as the sn beam beamline.
On February 21, 201, 201, the Plaintiff: (a) was engaged in unloading and unloading sn beam beam from the E-cafeteriar in front of the E-cafeteria located in Incheon Cheongjin-gun on February 21, 201; (b) the sn beam connecting the sn beam with the sn beam was separated from the sn beam; and (c) the Plaintiff caused an accident to shock the Plaintiff.
(hereinafter “instant accident”). The Plaintiff suffered bodily injury, such as double alley, etc. in the said accident.
The defendant is an insurer who has entered into an insurance contract to compensate for damages to be paid by the company to the worker suffering from occupational accidents within KRW 100 million (general terms and conditions of workers' accident security liability insurance and special terms and conditions of employer liability security).
2. Since the sloping beamline’s modification work on the gist of the Plaintiff’s assertion is in danger, the company should send a large number of human resources and safety officers to the work site and provide an environment for employees to work safely.
Nevertheless, the company ordered the correction of the sn beam beam at the construction site of the plaintiff mixed company, and the plaintiff did not take any separate safety measures, and the accident of this case occurred.
Since the accident of this case occurred in violation of the duty to protect workers or to protect safety, the defendant, who is the insurer, is liable to compensate for the damages suffered by the plaintiff due to the accident of this case according to the terms of the insurance contract above.
3. As an incidental duty under the good faith principle accompanying a labor contract, an employer bears the duty 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, and if an employee suffers any loss by violating such duty, the employer shall compensate for the loss.