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(영문) 창원지방법원진주지원 2020.04.22 2019가단31722

손해배상(산)

Text

1. The Defendant’s KRW 30,068,741 as well as the Plaintiff’s annual rate from January 12, 2018 to April 22, 2020, and the following.

Reasons

1. Occurrence of liability for damages;

A. On July 2016, the Defendant: (a) around July 2016, at the construction site (hereinafter “instant construction project”); (b) around Dong-dong, Chungcheongnam-gun, Seoul; and (c)

(2) On July 5, 2016, the Plaintiff was employed as a daily worker at the construction site of the instant case as a worker at around July 1, 2016, and the Plaintiff was employed as a daily worker at the construction site of the instant case. (2) On August 16, 2016, the Plaintiff carried out the instant construction site at around 16:0, and the Plaintiff was at the time, and the Plaintiff was at the time, due to the costs of the Plaintiff’s operation, the qui, who was working on the Plaintiff’s side while the ground was down, caused an accident where the Plaintiff’s qui, who was the driver’s qui, was working on the Plaintiff’s side, was on the left side of the Plaintiff’s (hereinafter “instant accident”).

3) Due to the instant accident, the Plaintiff undergone an operation at the Jinju E Hospital on August 2, 2016, by suffering from injury, such as the pressure pressure damage on the left-hand side, the opening of the left-hand side, and the aggregate of the left-hand side, etc., and received after-the-counter confection from the Fa Hospital on January 23, 2018, the Plaintiff was paid KRW 44,45,40 as temporary layoff benefits during the period of medical care from August 1, 2016 to March 12, 2019, upon recognition of the injury caused by the instant accident as an occupational accident by the Korea Workers’ Compensation and Welfare Service, and received each payment of KRW 19,930,010 as medical care benefits, and KRW 23,849,100 as disability benefits.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 6 (including paper numbers), the result of the request for physical appraisal to the G Hospital Head of this Court, the purport of the entire pleadings

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer shall be 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 shall be liable to compensate for damages incurred by the employee by violating such duty of protection.

Supreme Court Decision 201. July 2001