1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 2, 2014, while the Plaintiff was engaged in the disposal of materials at the material storage site of the Defendant Company located in the materials site of the Seoul High-speed 5-1 Construction Site located in the Sung-gun, Chungcheongnam-gun, Seoul High-Speed 5-50 on May 2, 2014, the Plaintiff fell away from water through a water tank after connecting it with a sprinkler operated by other workers on a water tank with a weight of about 2.2 meters, weight of 10 tons (hereinafter referred to as the “accident in this case”). The Plaintiff suffered from injury, such as salt, tensions, etc. in the part of the blue frame and the elbow part.

B. The Plaintiff received 163 days’ medical care for the foregoing accident, including 55 days of hospitalization, and received 8,278,200 won of temporary layoff benefits, 6,708,830 won of medical care benefits, 16,060,00 won of disability benefits from the Korea Workers’ Compensation and Welfare Service.

[Ground of recognition] Facts without dispute, Gap 2 and 4 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff worked in a state where the Plaintiff did not accurately know the work schedule, and the on-site safety manager neglected to take necessary measures so that the Plaintiff can work safely.

At the time of the accident of this case, the plaintiff confirmed the following as Magman on the water surface by checking the following. The accident of this case occurred in violation of the defendant's duty of safety management, and thus, the defendant is liable to compensate the plaintiff for damages as stated in the attached Form.

B. Determination 1) An employer, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health in the course of providing his/her labor, and is liable to compensate for damages incurred by an employee by violating such duty of protection (see Supreme Court Decision 9Da47129, May 16, 2000). Moreover, the same is incidental to the good faith principle accompanying a labor contract.