1. The Defendant’s KRW 1,00,000 as well as 5% per annum from August 13, 2018 to February 20, 2020 to the Plaintiff.

1. Basic facts

A. While being employed by the Defendant and working at the Defendant’s workplace on August 13, 2018, the Plaintiff, while working at the Defendant’s workplace, was flaging the debris of the debris, and the debris was flaged by debrising the debrising to the left hand (hereinafter “instant accident”).

B. The Plaintiff was paid KRW 12,507,020 in total of KRW 8,901,200 in temporary layoff benefits due to the instant accident by the Korea Workers’ Compensation and Welfare Service and KRW 3,605,820 in total.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that the accident of this case occurred because the Defendant, the Plaintiff’s employer, failed to perform its duty to protect the Plaintiff, and thus, the Plaintiff sought consolation money from the Defendant due to the accident of this case.

B. The Defendant asserted that the Defendant fulfilled his duty to protect the Plaintiff by paying safety outfits to the Plaintiff and providing safety education.

3. Determination

A. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving a physical environment so that an employee does not harm his/her life, body, and health, while providing his/her labor (see Supreme Court Decisions 97Da12082, Feb. 23, 199; 2006Da25844, Jun. 1, 2007). In full view of the above basic facts, the Defendant, who was an employer against the Plaintiff, has a duty to protect the Plaintiff while performing dangerous work at the Defendant’s workplace, is deemed to have caused the Plaintiff to undergo the instant accident, and thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.