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(영문) 전주지방법원 2017.03.17 2015가단28236
손해배상(산)
Text

The defendant is 5% per annum from June 20, 2014 to March 17, 2017 to the plaintiff 29,35,213 and the following.

Reasons

Basic Facts

The Defendant Company contracted the construction of housing and neighborhood living facilities (hereinafter referred to as the “instant construction”) from the owner of the building in the Jeonju-si, Jeonju-si, to E (hereinafter referred to as the “D”), among which the construction of the aesthetic construction and waterproof construction was subcontracted to the E (hereinafter referred to as the “D”), and the Plaintiff Company is a worker employed by E for the said construction.

(B) (No. 2). On June 20, 2014, the Plaintiff, at the construction site of this case, was separated from a light installed in the sloping system at a height of 10 meters above the ground and fell below 10 meters (hereinafter “instant accident”).

(A) No. 7-1). The Plaintiffs are married couple.

(A) The parties to the establishment of the liability for damages are liable for damages to the plaintiffs, as the defendant company violated the duty of care to firmly fix the sacrife so that those who are engaged in the unsaf work can work safely.

Defendant A was at fault without checking whether the Plaintiff was fixed or not, and did not demand the payment of safety and high interest.

Plaintiff

A as a worker affiliated with D, the Defendant Company was not responsible for the instant accident, and the Defendant Company was not firmly installed.

Judgment

The owner of a business in which part of the business carried out at the same place is given a contract separately shall take measures to prevent industrial accidents that may arise when his/her workers employed by the contractor work at the same place.

(Article 29(1)1 of the Industrial Safety and Health Act provides that the Defendant Company is obligated to take measures to prevent industrial accidents against unclaimed construction works and waterproof construction works, which are part of the new construction works of this case, for those employed by D as business owners under contract with D.

In addition, the above employers are workers.

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