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(영문) 광주고등법원 2016.12.23 2016나10611
손해배상(산)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant Company”) is a company aimed at the production of gold-type, etc. in Gwangju Mine-gu, and the Plaintiff and Defendant C are employees of the Defendant Company employed on January 2, 2014, and Defendant D is the representative director and the person in charge of safety and health management of the Defendant Company.

B. (1) On February 6, 2014, the Plaintiff: (a) around 15:30 on February 6, 2014, the Plaintiff and Defendant C and two members of the Defendant Company’s factory are as follows: (b) the vehicle parts are 160 tons presses (hereinafter “instant presses”).

) While the Plaintiff was engaged in manufacturing by using the said presses, the Plaintiff’s loss was caused by the Defendant C’s operation of the said presses despite the fact that the gold-type attached on the said presses had been put in two descendants for the purpose of taking off the motor vehicle parts slided in the said presses (hereinafter “instant accident”).

(2) At the time of the instant accident, the Defendant Company was removed from the said presses on the ground that there was a difference in the work efficiency. In the instant presses, if there were other objects, such as human body, etc., between the gold type attached to the presses originally, there was a e-electronic safety device to reduce it and suspend the presses.

C. After the accident, the Plaintiff received hospitalized treatment for 70 days at the Hassung Hospital due to the instant accident, from the Korea Workers’ Compensation and Welfare Service to August 5, 2015, for 23,357,920 won as temporary layoff benefits and 56,14,505 won as disability benefits, respectively, during the period of suspension from February 6, 2014 to August 5, 2015, from the Korea Workers’ Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act.

With respect to the accident of this case 1, including the result of related criminal cases, the defendant company violated the Occupational Safety and Health Act, and the defendant C caused bodily injury by occupational negligence.

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