beta
Text
The defendant's KRW 33,231,565 to the plaintiff and its related KRW 5% per annum from December 6, 2017 to February 5, 2021.
Reasons
1. Occurrence of liability for damages;
A. In accordance with the labor contract concluded with the Defendant, the Plaintiff sustained injury, such as a structural frame, etc. on December 6, 2017 due to the instant accident, while carrying out an installation work of a concrete building at the site of the construction work of the housing located in Chungcheongnam-si (hereinafter “instant construction work”). In order to deduct the string of concrete, the Plaintiff was in the string of the vibration, which was used to cover concrete from the said construction work, and fell into the ground (hereinafter “instant accident”).
[Grounds for Recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, results of physical appraisal commission to the D Hospital Head of this Court and E Hospital Head, the purport of the whole pleadings
B. Article 23(3) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019) provides that a business owner shall take necessary measures to prevent the danger in a place where a worker at work is at the risk of falling. The rules on the standards for occupational safety and health stipulate that a business owner shall, in the event that a worker is at the risk of falling, install a warning board by assembling a vision, etc. (Article 42(1)); where it is difficult to install the above work board, a business owner shall install a fall screen; where it is difficult to install a fall screen, he/she shall take necessary measures to prevent the fall (Article 42(2)); where it is difficult to install the fall screen, he/she shall wear a safety light at a place at the risk of falling, and where he/she wears a safety light at a place at a height of at least two meters (Article 42(1)4).
In this regard, the plaintiff is at a height of not less than 2 meters, taking into account the overall purport of the video and visual changes of No. 3-1 and No. 2.