logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.08.20 2019나13445
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. On June 16, 2017, the Plaintiff entered into a labor contract with the Defendant on the basis of the amount of KRW 100,000 per day wages, from August 8 to 17, 2017, for the manufacture and repair of containers at the D Container Business Place located in Ulsan-gun, Ulsan-gun (hereinafter “Defendant Business Place”). From the 17th day of the same month, the Plaintiff worked as the Defendant’s daily worker.

나. 원고는 2017. 6. 19. 14:00경 피고 사업장에서 에어건을 사용하여 도색작업을 하던 중 에어건이 페인트로 막히자 분사구(노즐)에 두 번째 손가락을 댄 상태에서 에어건 손잡이를 당겼고, 고압으로 분출되는 페인트에 맞아 위 손가락에 으깸 손상 등의 상해를 입었다

(hereinafter referred to as “instant accident”). C.

When the defendant instructs the plaintiff to conduct color work, he did not conduct safety education by sufficiently seeing the safe working methods and cautions in advance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 2, 3-1, 2-2, and the purport of the whole pleadings

2. According to the facts of recognition as above, the Defendant, as the Plaintiff’s employer, should inform the Plaintiff of all basic matters, such as the methods of using fish and taking measures in the event of breakdown, as well as the safety consideration obligation against the Plaintiff, who is an employee under his/her control, and thus, is obliged to compensate the Plaintiff for the damages caused by the instant accident.

However, it is reasonable for the plaintiff to limit the defendant's responsibility to 30% in consideration of all the circumstances revealed in the pleadings, such as the fact that the plaintiff was responsible for protecting himself/herself from accidents that may occur during his/her work, but the second fingers directly flag on the flag and the high pressure flag on the flag.

3. Each amount of damages, other than the matters stated below within the scope of liability for damages, shall be as follows.

arrow