beta
Text
1. The Defendant’s KRW 32,352,868 as well as 5% per annum from March 17, 2017 to November 20, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From December 2016, the Plaintiff became a person who had been working for press machine from the trade name “D” located in Yongsan-gu, Yongsan-gu, Seoul. The Defendant is a person who runs the said business and employs the Plaintiff.
B. On March 17, 2017, the Plaintiff suffered injuries, such as the destruction of 2, 3, and 4 balance sheets, on the right side of the Plaintiff’s fingers caused by an accident that the Plaintiff’s fingers in the press machine, while carrying the steel plate processing work using presses at the Defendant’s workplace.
(hereinafter referred to as “instant accident”). C.
The Korea Workers' Compensation and Welfare Service deems the instant accident to constitute an occupational accident that occurred at the Defendant's workplace, and the Plaintiff shall be granted temporary layoff benefits from March 17, 2017 to the same year.
9. Until 19.19.) paid KRW 9,627,360, medical care benefit 9,169,510, disability benefit 14,834,640, and disability benefit 19.
2. Whether liability for damages arises;
A. The Plaintiff’s assertion 1) At the time of the instant accident, the Defendant is liable to compensate for the Plaintiff’s damages since the instant accident occurred because both the safety devices and two damages, which prevent the employees from operating the presses, are placed on the floor of the work site, are not installed or operated only when the presses are placed on the presses, and both the safety devices and two damages, etc., which prevent the presses from operating. (2) The instant accident occurred due to the Plaintiff’s total negligence, which operated the presses using the presses upon the Defendant’s instruction.
B. According to the purport of Gap evidence Nos. 4, Eul evidence Nos. 2, 4, and 8, and the testimony and pleading of the witness E, the method of operating the presses shall be used by using the presses, and the transfer presses.