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(영문) 대전지방법원 논산지원 2017.01.12 2015가단22062

손해배상(기)

Text

1. The Defendant: KRW 38,00,000 to Plaintiff A; KRW 22,00,000 to Plaintiff B; and each of them, from December 15, 2014 to January 2017.

Reasons

1. Basic facts

A. The Party D’s net D (hereinafter, the Deceased) is the Defendant’s employee as a punishment tree.

Plaintiff

A The wife of the deceased, and the plaintiff B are the children of the deceased.

B. On December 15, 2014, the Deceased died of an accident due to chest damage, etc. on the sea flick, which was suffering from flick trees, while working to cut flick trees at the field of felling trees in the E shooting range.

(hereinafter referred to as "the accident of this case" / [the grounds for recognition] of this case / The fact that there is no dispute, entry of Gap evidence 4 (including provisional number) and the purport of the whole pleadings.

2. Liability for damages;

A. According to the purport of the evidence No. 4 of the occurrence of liability for damages and the entire pleadings, the Defendant, as an employer of a logging work, shall provide sufficient safety education to the employees, such as the Deceased, etc., so that safety accidents may not occur. In the event where a situation where the trees, which the work manager has suffered from another tree during the punishment, have failed to properly implement safety education to safely treat them and to supervise them to comply with it, and thereby, can be acknowledged that the instant accident occurred.

Therefore, the defendant is liable to compensate for the damages suffered by the plaintiffs who are the deceased and their families due to the accident of this case.

B. The unit price of the instant wage for the scope of compensation for damages (the detailed set forth in the separate sheet of calculation of damages) 1) the unit price of the daily wage for the instant accident (the date of December 15, 2014) to the Plaintiff’s termination date of employment contract ( March 15, 2015): the day following the termination date of the contract of KRW 170,000 per day (the day following the termination date of the contract of KRW 170,000) to the maximum working age ( July 16, 2015): The average unit price of the punishment (Evidence 5), which is the average wage for the punishment (Evidence 5) after the deceased’s death, should be calculated according to the average wage of the punishment, not the agreed wage, but if the death accident occurred, the deceased’s actual income could have been obtained without the accident. If there was no accident of this case, the deceased and the Defendant.