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(영문) 창원지방법원 진주지원 2018.11.15 2017가단35805
손해배상(산)
Text

1. The Defendant’s KRW 15,209,752, and the Plaintiff’s annual interest from April 25, 2017 to November 15, 2018, and the following.

Reasons

1. Facts of recognition;

A. On June 20, 2016, the Plaintiff, after becoming a member of the Defendant, was in charge of the pipe production process.

(b) Convening processes consist of ① bening operations (the operations to confirm the inserting of the Pipe produced pipes), ② bening operations (tamping up to approximately 30 minutes of the bening machines) (tamping to keep the bening operations without problems), ③ the separation of pipes (trawing the pipe from the bening machines), ④ the protection and closure operations (tamping the protective caps at both ends of the pipe).

C. On July 22, 2016, the Plaintiff, while working in a waterworks pipeline producer on July 12, 2016, was faced with an accident where part of the fingers, excluding the strict fingers of the right hand over (hereinafter “instant accident”). D.

The Plaintiff suffered injury from cutting down 2, 3, 4, and 5 pages to the right due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), Gap evidence 3, Eul evidence 6, the video and the purport of the whole pleadings

2. Whether liability for damages arises;

A. The Plaintiff’s assertion 1) The Defendant was obliged to take necessary measures to prevent risks caused by machinery equipment under Article 23 of the Industrial Safety and Health Act, but did not install a pipe roll, etc., did not provide safety education related to the production of pipe while employing the Plaintiff, and did not regularly provide safety education.

As such, the Defendant is liable for damages arising from tort since the instant accident occurred due to the Defendant’s failure to perform his/her duty required as an employer.

B. The defendant shall be liable for damages due to default.

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