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(영문) 광주지방법원 2018.06.20 2017가단506177
손해배상(산)
Text

1. The Defendant’s KRW 19,430,453 as well as the Plaintiff’s annual rate of KRW 5% from January 8, 2015 to June 20, 2018.

Reasons

1. Facts without dispute;

A. From June 1, 2014, the Plaintiff came to work in the Defendant’s factory. On January 8, 2015, around 16:15, the Plaintiff was faced with an accident that cut off the fingers by breaking the roller of the machinery (in the process of manufacturing the air-conditioning pipe, hereinafter “the instant machinery”) in the process of manufacturing the air-conditioning pipe.

B. The Plaintiff’s work in the process of manufacturing the reculatorys is to transform the reculing part of the original form by using the instant machinery into the sculmatic shape, which repeats the following work:

(hereinafter “this case’s work”). 1. The work executor puts the product into the machinery-centered storage (rawls) and removes the hand, thereby enjoying the string position.

2. The said machinery-centered axis over approximately 3 to 4 seconds, and automatically stop action after the shape of the product.

3. The work executor shall take out the products dried by the sex while the above machines are not operated.

C. The instant machinery does not have a power breaker, and the red shielding locks (standard 215m x 90m x 90m) provided by the Defendant to the Plaintiff for the instant work and double cleaning locks (standard 225m x 90m x 225m m) of the Plaintiff, a female, have somewhat increased on the Plaintiff’s hand.

2. Occurrence of and limitation on liability for damages;

A. 1) According to Articles 23 and 33 of the Industrial Safety and Health Act, Article 46 of the Enforcement Rule of the same Act, and Articles 88 and 95 of the Rules on Industrial Safety and Health, when an employer provides a revolving machine with a water reservoir, he/she shall install power blocking devices in the machinery operated by his/her power, and when an employee handles the machinery that he/she saws, he/she shall ensure that he/she uses a locking machine with a water reservoir with a water reservoir, such as a locker with a well tightly tightly shielded by his/her hand. 2) Such obligations owed by the employer may arise during the process of performing works on revolving machine with a water reservoir.

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