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1. The Defendant’s KRW 170,077,931 as well as 5% per annum from March 9, 2016 to September 5, 2019 to the Plaintiff.
Reasons
1. 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 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 for compensating for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000). In such a case, an employer is liable for compensating for damages caused by a tort in concurrence with a default liability.
(see, e.g., Supreme Court Decisions 96Da53086, Apr. 25, 1997; 2006Da25844, Jun. 1, 2007). This legal doctrine also applies to a part-time employee who is not a full-time employee, and furthermore, to a part-time employee who is dispatched from another company on the condition that the employee would be paid a daily allowance from another company, not a direct employee.
B. On March 5, 2016, the Plaintiff, from the Russia’s country, entered Korea on March 5, 2016, was employed by the Defendant as daily employed workers with two other workers, and the Plaintiff, from March 9, 2016, while working in a factory with a height of 10 meters within 10 meters from the D’s roof of the Defendant’s operation in Pussia C around March 9, 2016, saluting plastic materials and saluting plastic materials, asserted that it is “the roof slate made by plastics” (the preparatory document of December 19, 2018), but it is understood that it was done differently with the same subject.
The accident (hereinafter referred to as the "accident of this case") occurred following the Eul's taking part in the accident.
The Plaintiff was diagnosed with the following sick persons due to the instant accident, on the following occasions: (i) closed scarleting, scarleting, scarving, and fixed scarleting on the day of the instant accident.