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(영문) 인천지방법원 부천지원 2018.12.05 2017가단113169
손해배상(산)
Text

1. The Defendant’s KRW 10,652,441 for the Plaintiff and KRW 5% per annum from June 22, 2015 to December 5, 2018.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff is a person employed by the defendant to provide labor.

(2) On June 22, 2015, the Plaintiff was engaged in collecting large-scale waste in the vicinity B around Seocheon-si on June 22, 2015. The Plaintiff suffered bodily injury, such as a thrings, etc., on the wind falling into the floor, while he was engaged in the work of washing other cargo loaded on the vehicle.

(hereinafter referred to as "accident of this case". [The grounds for recognition: Facts without dispute, Gap 1, Gap 2-1 through 4, Gap 4, Gap 5-1, 2, and the purport of whole pleadings]

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer liable 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, as an incidental duty under the good faith principle accompanying the employment contract, and as a result, an employee is liable to compensate for damages

(2) In light of the above facts, the defendant, an employer of the plaintiff, is negligent in taking safety measures, such as installing safety fences on the collection vehicle, and it is reasonable to deem that the occurrence of the accident in this case occurred. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff as a tort, since he is liable to compensate for the damages caused by the accident in this case.

C. Meanwhile, on the other hand, the Plaintiff should not be in an unreasonable way as the Plaintiff, and in the event of a large number of cargo, the Plaintiff should take measures to collect and load wastes through the o’clock work so as not to trace the cargo, but the Plaintiff’s negligence was committed on the cargo even though it did not take measures to collect all wastes by the o’s work alone, and did not take measures to prevent the unstable cargo from being shaken.

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