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(영문) 수원지방법원 2020.07.22 2019가단501894
손해배상(산)
Text

The defendant shall pay 31,00,000 won to the plaintiff and 5% per annum from January 9, 2018 to July 22, 2020 and the next day.

Reasons

1. Occurrence of liability for damages;

A. On January 9, 2018, when the Plaintiff was employed as an employee of the Defendant, the machinery installed at the Defendant’s factory’s plant (i.e., roller; hereinafter “instant machinery”) around 09:00.

(1) An accident that happens as soon as possible on the left-hand hand (hereinafter referred to as the “instant accident”).

)를 당하였다. 2) 원고는 이 사건 사고로 좌측 전완부 으깸 손상, 좌측 손목 및 손의 타박상, 좌측 전완부 구획 증후군 등의 상해를 입었다.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

B. 1) Article 23(1) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019) imposes on an employer an obligation to take safety measures to prevent danger when running a business. Article 31(1) of the same Act imposes on an employer an obligation to provide employees with education on safety and health on a regular basis. Meanwhile, an employer, as an incidental obligation under the principle of good faith attached to an employment contract, bears the duty to take necessary measures, such as improving human, physical environment and providing necessary safety education so that an employee does not harm his/her life, body, and health, while providing his/her labor. In light of such legal principles, the employer is liable to compensate employees for damages caused by breach of such duty (see, e.g., Supreme Court Decision 9Da47129, May 16, 200).

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