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(영문) 대구지방법원 2017.02.03 2015가단38184
손해배상(산)
Text

1. The Defendant’s KRW 22,844,807 with respect to the Plaintiff and KRW 5% per annum from June 18, 2013 to February 3, 2017, and the next day.

Reasons

1. Basic facts

A. On May 16, 2013, the Plaintiff of Sri Lankan’s nationality entered a corporation B (hereinafter “B”) established for the purpose of manufacturing motor vehicle parts, etc., and was engaged in the work of saving pipes using pipes through pipes. On June 18, 2013, while working on June 18, 2013, the right hand was cut off by 1,2,3, and4.

(hereinafter “instant accident”). (b)

The plaintiff suffered permanent disability of 35.2% of the labor ability loss rate due to the above accident, and continuous wearing of auxiliary devices is required. The expenses are required to be replaced seven times once every five years with 300,000 won and 300 won.

C. The Plaintiff received 64,970,660 won in total, including 13,322,850 won of temporary layoff benefits and 51,647,810 won of disability benefits in relation to the said accident.

B On September 7, 2015, the Daegu District Court rendered a decision to commence rehabilitation procedures by 2015 Gohap128, and at the time C was appointed as a custodian.

(hereinafter referred to as the defendant without distinguishing between B and the defendant). E

The Plaintiff entered the Republic of Korea as a domestic employment (Status E-9 non-professional employment) under the former Act on the Employment of Foreign Workers, but the period of sojourn was extended on the ground of refugee application. In other words, the period of sojourn has been extended until September 30, 2016 due to the industrial accident compensation and medical treatment caused by the instant accident, the instant lawsuit, etc.

[Reasons for Recognition] In the absence of dispute, entry and video of evidence A1 through 8 (including paper numbers), and the result of the court's commission of physical appraisal to the director of the Gyeongbuk University Hospital, the result of inquiry into the head of the Daegu Immigration Office of this Court and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) In the event of a liability for damages, an employer bears the duty to maintain a physical environment in the course of providing labor so that an employee does not harm life, body, or health, and to take necessary measures, and such duty to protect an employee is a substantive employment contract.

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