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(영문) 의정부지방법원고양지원 2015.04.16 2014가단6346
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is a physically handicapped person with brain 2 disability who must use wheelchairs when moving to the right side due to heavy wind, and the plaintiff B is the spouse of the plaintiff A.

B. On July 4, 2013, Plaintiff A around 11:00 a.m. used subway lines 3 operated by Defendant Korea Railroad Corporation, and boarded wheel chairs installed in the exit exit stairs No. 5 of the C Station (hereinafter “instant lifts”) in order to get out of the C Station to land.

C. Under the direction of public duty personnel D who serve in C Station, Plaintiff A boarded the electric wheel chairs and boarded on the instant lifts. During the rise of the instant lifts, Plaintiff A’s bridge was involved in an accident between the safety protection unit of the instant lifts and the electric wheel chairs.

(hereinafter “instant accident”). D.

As a result of the instant accident, Plaintiff A suffered injury that requires approximately 8 weeks of medical treatment, such as pre-faced on the left side of the slot, post-faced part of the first half of the 2000s, multi-chroned salt bars and sponsed parts, and the left side-hand-hand collision, sprinked sponse-

E. On November 15, 2013, the Gyeonggi High Police Station conducted an on-site inspection of the instant lifts on November 15, 2013. The following was verified: (a) the Gyeonggi High Police Station: (b) conducted an on-site inspection of the instant lifts; (c) conducted the inspection of the emergency stop location, defensive safety devices, light safety devices, floor board safety devices, upper and lower parts of safety devices; (d) there is no movement if the electric wheelchairs are not operated; (e) there is no operation of the lamp; (c) there is no malfunction; and (d) there is no operation of the lamp, even though there is a difference between the upper and lower parts of the electric wheelchairs, electric wheelchairs cannot move while the electric wheelchairs are driven in the future; and (e) it is presumed that the electric wheelchairs wheel has been generated with the electric wheelchairs remaining in the defensive safety devices while leaving the front wheelchairs.

F. On February 28, 2014, the Goyang Branch Office of the District Public Prosecutor’s Office is the case of injury by occupational negligence in relation to C Station E resulting from the instant accident.

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