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(영문) 부산지방법원 2017.09.26 2016가단329121
구상금
Text

1. The Defendants jointly share KRW 43,144,320 with respect to the Plaintiff and the period from September 18, 2014 to November 10, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act, and C is a worker employed by E running D, and the Defendant A is a worker employed by the Defendant B Co., Ltd. (hereinafter “B”).

B. E contracted the repair work of mechanical works from Defendant B, and on July 25, 2013, ordered C, its employees, to go to Defendant B’s factory located in Gangseo-gu Busan Metropolitan Government F.

C는 피고 B 공장에서 공작기계 폐오일 제거 및 신나를 이용한 세척작업을 진행하고 있었는데, 위와 같은 작업이 이루어지고 있는 사실을 모른 피고 B 소속 근로자 피고 A이 인근에서 용접 작업을 하다가 작업 중 튄 불꽃이 유증기로 점화되어 폭발하는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였고, 이로 인하여 C는 전신화상 등의 상해를 입었다.

C. The Plaintiff recognized the instant accident as an occupational accident and paid C temporary layoff benefits of KRW 15,03,290, medical care benefits of KRW 65,317,240, and disability benefits of KRW 18,704,880.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above facts of recognition as to the occurrence of liability for damages, Defendant A is liable to compensate C for damages jointly with Defendant A’s employer, as it caused the instant accident, since it did not look at any inflammable substance in the vicinity and caused the instant accident.

However, the accident of this case is not only the negligence of the defendant A, but also the negligence of C who did not fulfill the duty of care to promote the safety of the worker, such as inducing the workers who are engaged in the ignitation work in the neighborhood, and suspending it.

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