beta
Text
1. The Defendant’s KRW 174,124,731 as well as 5% per annum from December 20, 2017 to May 19, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company aimed at manufacturing industrial machinery, etc., and the Plaintiff was employed by the Defendant as a contact worker on August 2014, and engaged in melting work while working as a contact worker.
B. On December 20, 2017, around 14:40, the Plaintiff: (a) at the Defendant’s 1 factory shop, caused an accident that, at around 14:40, the Plaintiff was at the Defendant’s 1 factory-affiliated shop, the metal chain was cut, and the contact work was at the work site, which was set and connected with the steel product of 2 tons (hereinafter “instant accident”).
C. The Plaintiff suffered injuries, such as cutting of external wounds, and other sacrife, and opening, due to the instant accident.
The Plaintiff received temporary layoff benefits 33,419,230 won (the payment period from December 21, 2017 to February 12, 2019) from the Korea Workers' Compensation and Welfare Service, and the lump-sum payment of disability benefits is KRW 153,280,313.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5-2 and 8 (including additional evidence numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. An employer of liability for damages is an incidental duty under the good faith principle accompanying a labor contract, and is obligated to take necessary measures, such as improving human and physical environment, so that an employee does not harm life, body, and health in the course of providing labor, and is liable to compensate for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 2000; 99Da47129, May 16, 2000). The instant accident is a chain in order to prevent risks caused by the decline of an article and work adjacent to an employee at the site, without having a person who directs and supervises the article and work at the site at the time, and the Plaintiff is obliged to take contact work at the site, and if an employee moves or changes the location of an article adjacent to an employee, a chain is to prevent risks caused by the decline of an article adjacent to an employee.