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(영문) 부산지방법원동부지원 2019.10.16 2018가단214410
손해배상(산)
Text

1. The Defendant’s KRW 17,231,120 as well as 5% per annum from October 23, 2016 to October 16, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 17, 2014, the Plaintiff, a Chinese national, entered the Republic of Korea as a visa for visiting employment (H-2) and worked for the Defendant, who runs a construction business from October 1, 2016, by being employed as a daily tree.

B. At around 13:30 on October 22, 2016, the Plaintiff fells into the floor with a wooden dust plate attached to the Defendant’s factory construction site located outside D and 1.2m work support unit (tentatively referred to as “surba”) at a height of approximately 1.2m, while performing work for the construction of an outer wall of a corridor at a height of approximately 1.2m.

(hereinafter “instant accident”). C.

The Plaintiff suffered injuries, such as minculated minculing on the left-hand side of the instant accident, the left-hand lush salt, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness E, and F's testimony, purport of the whole pleadings

2. Occurrence of liability for damages;

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

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). A business owner shall take necessary measures to prevent the risk of workers at a place where workers might fall at work.

According to the above evidence, the head of the field office E employed by the Defendant was also a person who works on the daily basis as a tree, and the number of daily-service tree trees including the Plaintiff was ordered by E to work, and the number of trees was formed and used by the method of forming a support unit for each work, and the work plate was formed by the method of extending over several timber ( tree) in the field, and the Plaintiff is going to work on the support unit for the work that was created by other trees immediately before the instant accident.

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