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1. The Defendant’s KRW 153,845,386 for the Plaintiff and its related KRW 5% per annum from April 28, 2017 to September 17, 2020.
Reasons
Facts of recognition
The defendant is a company that aims at manufacturing electronic parts, etc. and the plaintiff worked at the defendant's workplace from March 7, 2017.
On April 28, 2017, while the Plaintiff was engaged in filming work by mining machines at the Defendant’s place of business on April 28, 2017, the link leading to the gold axis of mining machines was cut, and the Plaintiff’s damage was inflicted upon the Defendant’s right-hand hand and right-hand hand, at the price of the Plaintiff’s minced hand, while the link was cut back due to the alteration.
The plaintiff was subject to the disposition of class 7 of the disability grade by Korea Labor Welfare Corporation.
[Ground of Recognition] Fact that there is no dispute, entry of Gap evidence Nos. 1 through 7, and occurrence of damages liability for the whole pleadings
A. An employer is an incidental duty under the good faith principle accompanying a labor contract, and is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer is liable to compensate for any loss inflicted on an employee by violating such duty.
(see, e.g., Supreme Court Decision 99Da56734, Jul. 27, 2001). According to the facts acknowledged earlier, the Defendant is liable for compensating for the damages suffered by the Plaintiff due to the instant accident.
However, the defendant's liability is limited to 90% considering that the plaintiff who actually works failed to fulfill part of his duty of care in the work.
In principle, the period of calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
In addition, it is rejected that the parties' arguments are not stated separately.
[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 9, 10, and 11, and the result of this court's commission of physical appraisal to the Director of D Hospital and the result of fact inquiry.