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(영문) 울산지방법원 2018.08.29 2017가단51442

손해배상(산)

Text

1. The Defendant: (a) KRW 4,849,024 to the Plaintiff, as well as KRW 5% per annum from October 2, 2015 to August 29, 2018; and (b) August 30, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a company established for the purpose of an engineering work business, etc., and the Plaintiff was employed by the Defendant from June 5, 2015, and was in charge of assembly and removal of the building’s crym, etc. as a punishment penalty.

B. On October 2, 2015, at around 13:55, the Plaintiff was faced with an accident that fells with about 2-3 meters below 11 meters below the 12th floor (hereinafter “instant accident”) in the Ulsan-dong 40-9, Ulsan-dong, Ulsan-dong, the Defendant’s business site, in order to supplement the string of the walls of the 12th floor of the building during the assembly of the 12th floor of the building (hereinafter “instant site”).

C. The Plaintiff suffered bodily injury, such as the softing, melting, or melting the bones of entropical bones No. 2 in the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts finding the basis of the responsibility, the instant work site is a place where the risk of the crash accident is high, and the Defendant, an employer, shall conduct safety education to prevent the crash accident, etc. when ordering employees to work, and the instant accident occurred due to negligent negligence, even though he/she had a duty of care to prevent the accident by installing safety fences, safety nets, etc. at a place at the risk of the fall, checking it from time to time, etc., so the Defendant is liable to compensate the Plaintiff for the damages

B. However, according to the aforementioned evidence and the purport of the entire pleadings, the Plaintiff may also be found to have neglected to prevent the occurrence of an accident by failing to perform his/her duty to safely work at a dangerous work site. Such negligence of the Plaintiff is caused by the instant accident.