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(영문) 수원지방법원안산지원 2017.09.15 2015가단30046
손해배상금
Text

1. The Defendant’s KRW 242,321,608 as well as 5% per annum from November 27, 2014 to September 15, 2017 to the Plaintiff.

Reasons

1. The following facts, which form the premise, do not conflict between the parties:

The defendant is a corporation that runs the electrical construction business as its main business, and the plaintiff is the defendant's worker.

On November 27, 2014, according to the Defendant’s instruction, the Plaintiff was subject to an accident that is reduced to the special high pressure power of 22,900 V at the 22,900 V, while performing the work of replacing and snowing mines in the special high voltage poles located in the distribution department B located in Ansan-si, Ansan-si (hereinafter “instant accident”), and thereby, the Plaintiff was suffered from the external trauma cutting between the shoulder and elbow.

2. Occurrence of liability for damages;

A. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor; and an employee is liable to compensate for damages caused by his/her breach of such duty of protection.

B. (See, e.g., Supreme Court Decision 97Da12082, Feb. 23, 1999).

Facts of recognition

1) The safety work rules in the field of power distribution provided by the Industrial Safety Department provide for the following safety guidelines in the case of electric power-driven work. The work officer must instruct and supervise the operation on the ground, monitor the movement of the main workers at all times at a location capable of verifying the distance between the main workers and the main workers, and warn the main workers immediately at the time of access to the active lines. The Defendant’s site manager C did not check the operation of the main workers at all times prior to the operation of the power-driven. (2) The Defendant’s site manager did not check the Plaintiff’s electric uniforms or work tools, etc., without conducting safety education, and was located at the top of the vehicle at the time of the operation of the main workers, not at the work site.

3) Separate operation due to pulmonary transfer means the reduction of net power generation (e.g., the reduction of workmen).

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