1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On August 1, 2015, the Plaintiff asserted that he/she was employed by the Defendant and worked in the Ulsan Factory Co., Ltd. (hereinafter “the instant injury and disease”). From November 1, 2015 to November 30, 2015, the Plaintiff carried out incidental work using PA by using sea slots (hereinafter “instant work”). On November 20, 2015, the Plaintiff was diagnosed by the D Hospital on the right superior and the net wave (hereinafter “instant injury and disease”).

The Plaintiff, as the Defendant’s employee, sustained the injury and disease of this case on November 20, 2015 while performing the instant work, due to the fact that the Defendant did not conduct safety education properly and instructed the Defendant to use approximately approximately 10.6km.

Therefore, the Defendant, as a solatium for tort, is obligated to pay to the Plaintiff KRW 9,375,00,000 calculated by the ratio of KRW 15,00 per month from August 1, 2016 to April 17, 2018 (625 days) and damages for delay.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination 1) In order to impose tort liability under Article 750 of the Civil Act against physical accidents suffered by an employer who is obligated to protect an employee as an incidental duty under the good faith principle accompanied by a labor contract, it is recognized that the employer was negligent in taking any particular safety measures to avoid it despite the fact that the worker knew or could have known that physical accidents of the worker occurred due to the pertinent work, and the existence of such negligence is the burden of proving that the worker who claims compensation for damages has the burden of proof (see, e.g., Supreme Court Decision 9Da60115, Mar. 10, 200).

However, the above facts and the plaintiff submitted.