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(영문) 부산지방법원 2018.06.26 2016가단339944
손해배상(산)
Text

1. The Defendant: KRW 135,944,102 for the Plaintiff and KRW 5% per annum from September 25, 2014 to June 26, 2018; and

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of the housing construction business, etc., and the plaintiff is a worker employed by the defendant.

B. On September 25, 2014, around 10:30 on September 25, 2014, the Plaintiff was an accident (hereinafter “instant accident”) in which the Defendant, while carrying 2 kkes from the fourth floor of the building in the B-built construction site in the construction site that was being constructed, was cut down and falling above the second floor below the second floor (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff suffered bodily injury, such as the mouths of the original Closed Alley, the upper right-hand alley, the upper right-hand alley, and the chronic damage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. An employer who has incurred liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and is liable to compensate for damages sustained by an employee by violating such duty of protection;

(See Supreme Court Decision 200 delivered on May 16, 200). According to the above facts, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case, since the defendant did not fully take safety measures to prevent falling, such as a fall prevention net and safety belt, and failed to properly implement safety education, etc., so that the accident of this case occurred.

However, in the course of work at a place at the risk of falling, the plaintiff was negligent in failing to perform his/her duty of care to ensure the safety of his/her own in order to prevent the fall accident by properly examining the surrounding circumstances of the workplace. This is against the plaintiff's negligence.

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