logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.29 2015가단228583 (1)
손해배상(산)
Text

1. The part concerning the claim for payment of medical expenses paid to the Guro University Hospital from among the cattle of Plaintiff A shall be dismissed.

2...

Reasons

1. Basic facts

A. The Defendant is a company that manufactures and engages in wholesale and retail business of aluminium, and the Plaintiff A concluded a labor contract with the Defendant on November 26, 2013 and performed on-site work.

Plaintiff

B and C are the parents of Plaintiff A.

B. The Defendant Kimpo-si factory was placed in three luminous lines. However, the Defendant D, around 07:30 on December 17, 2013, carried tights into a luminous street (hereinafter referred to as “flag”) and operated a vehicle to flag it in three luminous lines (hereinafter referred to as “flag”). The Defendant D operated the vehicle to flag in three luminous lines (hereinafter referred to as “flag”).

C. However, D, however, caused a knife to the knife of the Plaintiff, which had not been seen by the Plaintiff A, in the light of the 3rd metae, was at the wind, and the knife of the knife of the Plaintiff A, when having contacted the Plaintiff’s bridge.

(hereinafter referred to as “instant accident”) D.

In the instant accident, Plaintiff A received hospitalization and outpatient treatment by July 12, 2014 due to an injury to images, etc. on both legs, following the period of medical care, and thereafter, Plaintiff A received KRW 10,506,270 as temporary layoff benefits from Korea Labor Welfare Corporation, KRW 13,220,10 as medical care benefits, and KRW 11,16,150 as disability benefits.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 and evidence 7-1 through 15, Eul evidence 5, witness D's testimony, purport of whole pleadings

2. Occurrence of liability for damages;

A. As an incidental duty under the good faith principle accompanying a labor contract, an employer of the basis of liability bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and is liable to compensate for damages incurred by an employee by violating such duty of protection.

(see, e.g., Supreme Court Decision 99Da56734, Jul. 27, 2001). The Defendant is the workplace of workers so that employees do not work in a dangerous or inappropriate environment.

arrow