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(영문) 대구지방법원포항지원 2016.06.16 2015가단303476
손해배상(산)
Text

1. The Defendant’s KRW 5,455,101 as well as the Plaintiff’s annual rate of 5% from September 16, 2014 to June 16, 2016.

Reasons

1. Facts of recognition;

A. The status of the parties is that the Defendant is a person who was awarded a contract for the management and the harvest of head trees in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant plant”). The Plaintiff is an employee employed by the Defendant and harvested head at the instant plant managed by the Defendant.

B. At around 09:00 on September 16, 2014, the Plaintiff suffered injury, such as the instant accident, which fells from the head of the instant heading tree and felled from the instant heading tree with a height of 3 meters, while cutting up the heading tree with a height of 3 meters at the instant heading place of work (hereinafter referred to as “instant accident”).

(2) The Defendant paid safety labels and safety lines to employees working at the instant workplace, but the Plaintiff did not wear them at the time of the instant accident.

3) immediately after the instant accident, the Plaintiff was directly driving Oral Ba and received medical treatment at the hospital. 4) The Plaintiff received respectively payment of KRW 14,180,250 of temporary layoff benefits, medical care benefits 4,612,370 of disability benefits, and disability benefit 24,090,000, subject to the period of medical care from September 16, 2014 to March 27, 2015, upon receiving the determination of an industrial accident from the Korea Workers’ Compensation and Welfare Service.

5) Meanwhile, prior to the work, the Defendant did not separately conduct education on safety for workers within the instant workplace including the Plaintiff, and did not install a work launch plate or safety net at the said workplace. [In the absence of any dispute over the grounds for recognition, each of the entries and images of Gap's 2, 3, Eul's 4-1 through 5, Eul's 5, and Eul's 6-1 through 3, and the purport of the whole pleadings and arguments.

2. Occurrence of liability for damages;

A. According to the facts found in the establishment of the liability for damages, the defendant, while managing the workplace of this case where the crash risk exists during work, shall provide safety education to its employees, and safety level, and safety level, etc.

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