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1. The Defendant’s KRW 29,00,000 as well as 5% per annum from October 9, 2018 to December 20, 2019 to the Plaintiff.
Reasons
1. The following facts are found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence 1 to 7, 9 (including evidence numbered), and Eul evidence 2:
A. The defendant is a company established for the purpose of manufacturing and installing wooden structure, and the plaintiff is a person in charge of manufacturing and installing wooden structure in the defendant company.
B. On June 8, 2014, the Plaintiff moved a wooden structure from the factory of the Defendant’s head office to outside with another person (hereinafter “first accident”), and came to fall beyond elbows in front of the wheelchairs in which they were located (hereinafter “first accident”), and thereby, the Plaintiff suffered pressure from the 12 chest pressure.
C. On May 7, 2016, the Plaintiff: (a) carried the exhibits produced by the Defendant onto the cargo vehicle and carried them into the exhibition hall No. D8 located in U.S., U.S., U.S., U.S., U.S.; (b) at that place, the Plaintiff fell into the floor along with the upper exhibits while the load loaded onto the said cargo vehicle was shakening the cargo while unloading the display object (hereinafter “second accident”); and (c) thereby, the Plaintiff suffered from ulververging the right-hand pelle.
2. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying a labor contract, an employer who is recognized as liable for damages bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and is liable for compensating for damages sustained by an employee by violating such duty of protection.
(see, e.g., Supreme Court Decision 99Da47129, May 16, 2000). In addition, barring any special circumstance, in order to recognize liability for damages to an employer on account of a breach of duty of protection, the accident is not only related to the employee’s work, and it can be predicted or predicted that the accident may normally occur.