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(영문) 부산지방법원 2016.08.11 2015가단18929
손해배상(산)
Text

1. The Defendant: KRW 6 million to Plaintiff A, KRW 1 million to Plaintiff C, and KRW 500,000 to Plaintiff C, and each of the said amounts.

Reasons

1. Facts of recognition;

A. At the above address, the Defendant is an individual entrepreneur who is engaged in the deceased satching business with the trade name of F, and the Plaintiff A was employed on October 26, 2013 and the Plaintiff B is the wife of the Plaintiff, the Plaintiff C, and the Plaintiff D are the children of the Plaintiff A.

B. On February 28, 2014, at F work site around 16:00, Plaintiff A suffered from an accident in which the finger hand, which had a pipeed the wall on a press machine, entered as soon as possible in the machine, and thereby, Plaintiff A suffered from an injury, such as the pressure damage to the right side of the water department and the part in charge of the complete system, loss of the organization in annual installments, collapse, etc.

(hereinafter referred to as "the disaster of this case". (c)

Plaintiff

A received, respectively, KRW 12,297,450 of temporary layoff benefits, medical care benefits 17,600,800 of disability benefits, and disability benefits 6,945,650 of disability benefits through the period of medical care, from February 28, 2014 to November 22, 2014, after having been determined as an industrial accident by the Korea Workers' Compensation and Welfare Service due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, Eul evidence Nos. 1, 2, 8, 9, and 11, and the purpose of the whole pleadings and arguments

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the defendant, as an employer of the plaintiff A, has a duty to establish a safe physical environment and take necessary measures so that the plaintiff A, who is an employee, does not harm the life, body, and health in the course of providing the above work, thereby preventing the accident in advance. Thus, the defendant is liable to compensate the damage suffered by the plaintiffs due to the accident in this case.

B. Limitation of liability: Provided, That considering the circumstances revealed in the whole process of pleadings, such as the background of the occurrence of the instant accident, it is necessary to ensure the safety of the Plaintiff A by blocking all of the presses machine, cutting off the lock, deducting the product therefrom, etc.

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