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(영문) 대전지방법원 2019.06.12 2018가단229493

손해배상(산)

Text

1. The Defendant’s KRW 18,903,965 for the Plaintiff and KRW 5% per annum from December 9, 2015 to June 12, 2019.

Reasons

1. Basic facts

A. At around 08:10 on December 9, 2015, the Plaintiff, employed by the Defendant, completed the work of attaching a food-frame at a height of about 4 meters at the work site at the Sejong-si New Construction Site, and fell from the above 4-meter height (hereinafter referred to as “instant accident”) in order to move below the distance between the work engine board and the erop wall, which is fixed at the wall of the erop, to move below the lower end.

B. The Plaintiff suffered from the instant accident Nos. 1 and 4 pressure scophers, and undergone a 12 pleina-2 scophers and 3 scophers-5 scophers surgery at the Chungcheongnamnam University Hospital, and was hospitalized until November 30, 2016 (142 days) and received outpatient treatment.

C. With respect to the instant accident, the Plaintiff was paid KRW 29,951,290 for temporary layoff benefits, KRW 21,628,610 for medical care benefits, and KRW 50,589,00 for disability benefits.

In the instant accident, the Plaintiff, upon the implementation of genomic ties between each of the above spine bodies as above, suffered an obstacle to the limitation of permanent vertebraries between the above spine bodies, and this constitutes a permanent disability of 24% of the labor capacity loss rate applied mutatis mutandis to Mabroe spin damage ( Outdoor Workers) V-D-2-b.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 9, results of a physical appraisal commission to the Director of the D Hospital in this Court, purport of the whole pleadings]

2. Occurrence and scope of liability for damages;

A. The Defendant, who is an employer of the occurrence of the liability for damages, shall take measures to prevent the fall risk in ordering the Plaintiff, who is an employee, to file a complaint.

However, in full view of the aforementioned evidence and evidence Nos. 1, 2, and 2-2 of the evidence Nos. 1-1, 2, and 2, the Defendant did not install a safety gap or fall-out net, etc. on the part of the part of the work launch plate that the Plaintiff was working, and it is extremely difficult to install the safety gap or fall-out net, etc.