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1. The Defendant’s KRW 19,584,447 as well as the Plaintiff’s annual rate of KRW 5% from September 26, 2013 to September 22, 2016.
Reasons
1. The following facts do not conflict between the Parties:
At around 08:00 on September 26, 2013, the Plaintiff, under employment of the Defendant, sustained bodily injury, such as the 18m in length, and the 16ms in height, which was installed for the electric wires protection work at the steel tower located in Ulsan, and the 16ms in length, fall from the rain gauge, and fall on the ground, and suffered bodily injury.
From September 26, 2013 to November 6, 2013, the Plaintiff spent KRW 6,160,030 as medical expenses for 42 days and 6,160,030 for 10 days from June 3, 2015 to June 12, 2015.
2. Determination on the cause of the claim
(a) A business owner responsible for damages and a limited business owner shall take measures necessary to prevent the danger of workers at a place where workers might fall down at work (Article 23(3) of the Occupational Safety and Health Act); and a business owner shall, when workers might fall at a place where workers might fall down at the risk of falling, install a work launch board by means of assembling a gauge, etc. where workers might pose a risk, and where it is impracticable to install such board, install a safety control net, and where it is impracticable to install a safety control net, take measures necessary to prevent the fall risk, such as requiring workers to wear a safety belt;
(Article 42 of the Rules on the Standards for Industrial Safety and Health). In addition, an employer is obligated to take necessary measures, such as improving the human and physical environment, so that an employee does not harm his/her life, body, or health in the course of providing his/her labor, as an incidental duty to the good faith principle
If an employer violates the above matters, he shall be liable for a tort under Article 750 of the Civil Act.
In this case, the place where the defendant removes the rains at the direction of the plaintiff is at the risk of falling by the defendant during his work.