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(영문) 부산지방법원 2017.10.31 2017가단8995
손해배상(산)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion is an employee of the Korea AMS Co., Ltd. (hereinafter “Defendant AMS”), and Defendant AMS was performing the work of dismantling and moving films from Defendant Samsung Electric Co., Ltd. (hereinafter “Defendant Samsung Electric”), while performing the work contracted by Defendant AMS from Defendant Samsung Electric Co., Ltd. (hereinafter “Defendant Samsung Electric”). On or around December 17, 2011, brain weather occurred during the work.

The above brain color was caused by overwork and stress related to the Plaintiff’s work, and the brain color aggravated due to the Defendant’s failure to take appropriate measures at the time of the occurrence of brain color.

Therefore, Defendant Samsung Electric is liable for damages for the Plaintiff’s tort liability as the Plaintiff’s employer and the employees of the above Defendant, who did not take proper measures against the Plaintiff, and Defendant Samsung Electric is liable for damages for the same responsibility as Defendant Samsung Electric, as the employer of the Plaintiff, or for the failure to take proper measures against safety accidents that occurred at its workplace. Accordingly, the Plaintiff sought reimbursement from the Defendants in aggregate of KRW 62,074,102 for damages, such as medical expenses, daily income, and consolation money.

2. The judgment against the Plaintiff was rendered on the grounds that the following circumstances, which can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the evidence Nos. 1 through 5 (including branch numbers), the Plaintiff, namely, the Plaintiff, due to excessive work and stress, filed an application for medical care benefits with the Korea Workers' Compensation and Welfare Service, but was not approved. The Plaintiff filed an administrative lawsuit against the Korea Workers' Compensation and Welfare Service seeking the revocation of the non-approval of medical care benefits, but it is difficult to deem that the Plaintiff caused brain color due to overwork or stress related to the Plaintiff's work, and the judgment against the Plaintiff became final and conclusive after appeal.

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