logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.05.27 2019가단119909
손해배상(산)
Text

1. The Defendants jointly do so to the Plaintiff 23,33,33 won, Plaintiff B, C, and D respectively, and each of them.

Reasons

Basic Facts

Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) contracted to the H Corporation located G in Macheon-si (hereinafter “instant construction”) from the Agency for Defense Development to perform the instant construction work, and Defendant F was an employee of the Defendant Co., Ltd. and an employee of the Defendant Co., Ltd., and was in charge of safety and health duties of its employees.

The Defendant Company entered into a construction machinery lease agreement with the I Co., Ltd. (hereinafter “I”) and the construction site of this case to lease the roller, which is a construction machinery, from June 28, 2017 to December 31, 2017, and I had the networkJ (hereinafter “the deceased”) as an employee under its jurisdiction drive the roller leased at the construction site of this case on July 19, 2017.

From July 19, 2017 to 13:45, in the absence of a construction machinery operator's license, the deceased operated the roller at the construction site of this case and operated the roller on the ground of flatization work, so roller's oil was leaked, and roller turned back from the roller, and died at K Hospital at around 14:49 on the same day.

(hereinafter “instant accident.” In relation to the instant accident, L’s representative director L did not verify whether the deceased was qualified or licensed for the relevant machine, and did not inform the content of the work, process of direction, contact and signal method, etc., inasmuch as the construction machinery operator’s duty to verify the operator license of the person operating the construction machinery was imposed on the deceased, although the lessee of the construction machinery pursuant to the Industrial Safety and Health Act and the Enforcement Rule of the same Act was the duty to verify the operator license of the person operating the construction machinery.

arrow