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(영문) 창원지방법원 2016.07.08 2015가단17794
손해배상(산)
Text

1. The Defendant: KRW 6,806,342 to Plaintiff A; KRW 3,00,000 to Plaintiff B; and KRW 1,50,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant between the parties is a person engaged in scrap metal and waste collection and transportation business in the name of “G” from Kimhae-si, and the Plaintiff was employed by the Defendant from December 1, 201 to work as a field employee of G. Plaintiff B is the wife of Plaintiff A. Plaintiff C is the Plaintiff’s mother of Plaintiff A (hereinafter “Plaintiff”), and Plaintiff D is the Plaintiff’s mother of Plaintiff A (hereinafter “Plaintiff”), and Plaintiff A was the Plaintiff’s mother of the Plaintiff, the instant accident occurred on February 10, 2012, the Plaintiff was engaged in cutting the waste boiler from the workplace of G with an oxygen cutting machine at around 17:00, and the Plaintiff was arrested by 5% of the total area of the waste boiler and the waste boiler of the Plaintiff’s work (hereinafter “the Plaintiff was arrested by 20%”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, and 5 (including paper numbers), the purport of the whole pleadings

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated 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 labor, and where an employee suffers damage by violating such duty of protection (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000). According to each of the above acknowledged facts, the Defendant is obligated to manage and supervise the workplace so that safe work can be performed, so the Defendant is obliged to block inflammable substances if an industrial cutting machine with high temperature is used in the workplace, and the work to separate the LPG can be conducted in an adjacent place, and gas is generated safely.

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