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(영문) 서울남부지방법원 2020.02.27 2019가단256888

손해배상(산)

Text

1. The Defendant: (a) KRW 12,571,428, Plaintiff B, and C respectively; and (b) from April 22, 2015 to February 202, 202.

Reasons

1. Facts of recognition;

A. The Plaintiff A’s spouse, Plaintiff B, and C are the deceased’s children.

B. On July 22, 2013, F entered the Defendant Company, and served as a security guard of a building for business of size 1101.67 square meters of underground floors, five stories above ground, and building area.

The F served as a mixed person in the information platform on the first floor of the building from 17:0 to 5:00 on the following day, and the water surface time has been given in the simplified intrusion on the second floor between 0:00 p.m. to 30:0 p.m.

The patrol was conducted at nine indoors and two outdoors once.

Holidays shall be the second day of each month.

C. F was automatically worked on April 22, 2015 at around 21:20.

On February 7, 2016, among the Dos sent back to a hospital and received treatment after the diagnosis of high blood pressure cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa

(hereinafter “instant accident”). D.

F was diagnosed of the main blood pressure and detailedly known high blood pressure from around 2005. On October 10, 2014, the general health examinations conducted on October 10, 2014, the blood pressure was deemed to have exceeded the normal range of 140/90mhg, and was determined as “persons with high blood pressure-related diseases.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1, 2 and 7, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. An employer is an incidental duty under the good faith principle accompanying a labor contract, and is obligated 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 the employer is liable to compensate for any loss inflicted on an employee by violating such duty.

(See Supreme Court Decision 9Da47129 delivered on May 16, 2000). B.

The business owner shall conduct a health examination for workers to protect and maintain the health of workers.

[The main sentence of Article 43 (1) of the former Occupational Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019)].