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(영문) 창원지방법원 2016.10.14 2011가단21900
손해배상(산)
Text

1. The Defendants jointly share KRW 5,00,000 and each of them to Plaintiff A, 262,457,647, Plaintiff B, and C respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Plaintiff A (hereinafter “Plaintiff”) involved in the instant accident are the Plaintiff Company A (hereinafter “Defendant Company”) around September 4, 2008, around 19:10 on September 4, 2008.

() In the workplace, 100T SHP QGTC 2286 F/BLCK fells below approximately 4m and was injured by two alleys, cerebral blood transfusions, etc. (hereinafter “instant accident”).

2) The Plaintiff received medical treatment including brain surgery on several occasions due to the instant accident, but became disabled due to the decline in recognition function and the decline in eyesight in both sides. (2) The Plaintiff B and C are children of the Plaintiff.

Defendant D directly employed the Plaintiff as a person who carries on the business in Changwon-si E with the trade name of “F,” and the Defendant Company is the contractor who has awarded a contract for some of the manufacturing processes including the work done at the time of the instant accident to Defendant D.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1-1, Eul evidence 1-1, the result of the commission of physical examination to the head of the high-level hospital at the high-level university and the purport of the whole pleadings

B. According to the facts of recognition of liability, Defendant D is the Plaintiff’s employer, and the Defendant Company is a business owner who separated and awarded part of the business conducted at the same place and has been obligated to take measures to prevent industrial accidents that may arise when the Plaintiff works at the Defendant Company’s workplace, respectively, pursuant to Article 29(1) of the Industrial Safety and Health Act, and to take necessary measures to prevent such risks at a place where the workers might fall at the work.

At a height of about 4 meters at the time of the instant accident, the Plaintiff was engaged in melting operations. The Defendants, while having them work in a place at the risk of falling as such, shall be provided with protective outfits, such as a safety cap and safety belt, and work after wearing the protective outfits.

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