1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

1. Basic facts

A. From February 26, 2016, the Plaintiff had been engaged in the operation of presses and cutting machines in “C” operated by the Defendant.

B. On July 27, 2016, the Plaintiff, while carrying out the work of sealing products into press machine at the “C” on July 27, 2016, removed the product by mistake while carrying out the work of withdrawing the pressed products.

Full cutting of the upper part of the second part of the left part of the 2nd part, and the third part of the upper part of the 3rd part of the left part was damaged by incomplete cutting of the lower part of the 3rd part.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 2 and 6 (including branch numbers), and the purport of the whole pleadings.

2. Occurrence and scope of liability for damages;

A. 1) The former Industrial Safety and Health Act (amended by Act No. 14788, Apr. 18, 2017; hereinafter “Industrial Safety and Health Act”)

Article 23(1) of the Rules on Industrial Safety and Health (amended by Rule 160, Feb. 3, 2017) provides that a business owner shall take necessary protective measures, such as installing a coverr on the pertinent part so as to prevent any part of workers who work using the presses or leaflet from entering the boundaries of danger. In addition, an employer is obliged to take necessary protective measures, such as improving physical environment so as not to harm life, body, and health, in the course of providing labor by an employee, as an incidental duty under the principle of good faith accompanied by a labor contract, and is liable to compensate an employee for damages caused by his/her violation of such protective duty (see, e.g., Supreme Court Decision 97Da12082, Feb. 23, 199).