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(영문) 수원지방법원 2021.01.26 2019나81827
손해배상(산)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

Facts of recognition

The Defendant operated a scarcity five factory called “C” and employed a plaintiff who is a Cambodia.

The plaintiff worked in C, and operated a shot in the process of converting shot trees into fire engines, and carried shot trees into shotbros. The plaintiff performed the operation of carrying shot trees into shotbros.

On October 6, 2017, the Plaintiff: (a) during the process of crushing fire fighting, the Plaintiff was in charge of an accident that, while checking the condition level of the crushing machine was not well operated; (b) checking that wooden sculptures do not work around the roller; (c) stopping the lids; and (d) holding the lids of the crushing machine, which continued to return due to brucy, led to the retail of the left hand handout, and the left hand handout end is good; and (c) he was in charge of an accident that causes damage to the flag of the handb (hereinafter “instant accident”).

In the instant accident, the Plaintiff received hospitalized treatment from October 6, 2017 to November 3, 2017 due to the Plaintiff’s injury to the left-hand part of the lower-hand part, or from the pressure of the left-hand part, and was determined by the Labor Welfare Corporation as an obstacle class 13 to 06.

【In the absence of dispute on the grounds of recognition, the entries in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings is acknowledged. According to the above facts, the defendant is negligent in failing to take such safety care measures despite the duty to protect the safety of the plaintiff’s life and body, and since the defendant’s failure to take such safety care measures and the relation between the defendant’s failure to take such safety care measures and the occurrence of the accident in this case is recognized, the defendant is found to have committed an accident on the part of the plaintiff, since it is recognized that the risk of safety accidents exists, and that a controler is well operated, and in the event of stop and maintenance of the crushing machine due to a malfunction in its operation, it is difficult to completely stop and maintain it.

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