손해배상(산)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The scope of the trial in this Court claimed the Defendant for active damages (underage treatment costs) KRW 5,50,00, passive damages (underage treatment costs), KRW 5,876,594, KRW 18,60,000, KRW 29,976,594, KRW 18,60,000, and delay damages (underage treatment costs). The first instance court rejected the remainder of the claim, citing positive damages (underage treatment costs) KRW 4,817,450, KRW 100,000, KRW 1000,000, and only the Defendant appealed, the scope of the trial in this Court is limited to affirmative damages (underage treatment costs) and damages for delay.
2. The reasoning for the court’s explanation on this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, and this part is cited by the main text of Article 420 of the Civil Procedure Act.
3. Determination on occurrence and limitation of liability for damages
A. Determination on the occurrence of liability for damages (1) An employer is an incidental duty under the good faith principle accompanying an employment or labor contract, and an employee bears the duty of protection or safety consideration to prepare necessary measures, such as improving a physical environment, so as not to harm life, body, and health in the course of providing labor. In the event an employee suffers damage by violating such a duty, the employer shall be liable for damages due to nonperformance (see, e.g., Supreme Court Decisions 97Da12082, Feb. 23, 199; 201Da60247, Nov. 28, 2013). In addition, in order to recognize liability for damages to an employer for reasons of breach of a duty of protection, the accident is not related to the employee’s work, and it should be predicted or predicted that the accident is ordinarily likely to occur, and the predictability thereof shall be determined by considering the specific circumstances at the time of the accident (see, e.g., Supreme Court Decisions 9Da56384, Jul. 27, 2001).