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(영문) 대구지방법원 2015.02.13 2014가단4498
손해배상(자)
Text

1. The Defendant’s KRW 59,108,224 as well as the Plaintiff’s annual rate of 5% from October 3, 2013 to February 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. A. The deceased was an employee of the defendant, and the plaintiff was the deceased.

The defendant is a juristic person established for the purpose of the manufacturing and selling business in the name of the Si/Gu in Busan Metropolitan City 1207-10.

around 9:40 on October 3, 2013, the Deceased was engaged in the manufacturing of “Aluminium slinium slinium slinium (referred to as “Aluminium slinium 2.02m in length, weight 420km,” hereinafter referred to as “Aluminium slinum”).

At the time, C, an employee of the Defendant, using a chromatic strings, was engaged in the following process (tension process) in a vertical form by gathering one aluminium strings using a chromatic strings, and the Deceased was engaged in the work to remove a brut in an Aluminum. However, an accident that covers the body of the Deceased, while removing Aluminum from a place of work by removing Aluminum strings, was caused (hereinafter referred to as “instant accident”).

The Deceased died due to the instant accident, such as “uever cage cage cage,” etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 6, Gap evidence 9, Eul evidence 1 through Eul evidence 4, and the purport of whole pleadings

B. As to the occurrence of liability for damages, a business owner shall ensure that he/she does not deviate from a string (a special tool attached to a structure and providing guidance on the location of the processed part), and slots (in the form of a string) due to the collision with the surrounding structure during transport of the structure of strings (Article 168(2) of the Rules on the Standards for Industrial Safety and Health), a test of non-destructive is conducted for heavy objects handled by purchasing and using heavy objects, the safety rate of which is at least three (3) and the safety rate of which is secured after the safety test (Article 168(3) of the Rules on the Standards for Industrial Safety and Health), and employees are obliged to provide safety education.

However, there is a problem.

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