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(영문) 부산지방법원 2016.06.03 2015나50078
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Occurrence of liability for damages;

A. (1) The facts under the recognition of liability do not conflict between the parties, or can be acknowledged in full view of the entries of Gap 1, 2, 1, and 1, and the purport of the entire pleadings of the first instance court's fact inquiry as to the Korea Labor Welfare Corporation.

(A) The Defendant, as an employer who entered into an employment contract with the Plaintiff, puts the Plaintiff into the gold processing work at the request of the Taesung Enterprise Co., Ltd. (hereinafter “Tai Enterprise”).

(B) On June 6, 201, at around 10:40 on June 6, 201, the Plaintiff fells under the ground of a height of about 3 meters, while getting on and off a bridge under the ground in order to exchange a pen of the lower part of the press machine at the workplace of the said company.

(C) At the time of the instant accident, oil was stored on the underground floor at the time of the said accident, and other workers laid the underground room on the bridge ( approximately 3m in length, approximately 1m in width), and the oil was buried on the bridge even on the bridge. However, the Plaintiff was deprived of the said bridge, and caused the instant accident.

(D) The Defendant or Thai-in company did not provide its employees with sufficient education and supervision to prevent the said fall accident, and did not provide other safety equipment than safety belts. The Defendant or Thai-in company did not install facilities and lighting equipment to prevent the fall accident, such as safety bells and safety intermediary.

(E) The Plaintiff suffered injury, such as cerebral dystrophism, due to the instant accident.

(2) As an incidental duty under the good faith principle accompanying a labor contract, the relevant employer is obligated to take necessary measures, such as improving human and physical environment, so that an employee does not harm life, body, or health, in the course of providing his/her labor (see, e.g., Supreme Court Decision 9Da56734, Jul. 27, 2001). According to the above findings, the instant accident is a safety facility that can prevent fall accidents.

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