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(영문) 인천지방법원 2017.11.28 2017가단212209
손해배상(산)
Text

1. The Defendant: (a) KRW 116,401,557 for each of the Plaintiffs and 5% per annum from February 16, 2017 to November 28, 2017; and (b)

Reasons

1. Occurrence of liability for damages;

A. (i) The Defendant is a company that manufactures V and packs, etc.

D is a person who entered into an employment contract with the defendant on August 29, 2016 and was in charge of the management of raw and subsidiary materials as belonging to the production unit materials.

D around 09:30 on February 16, 2017, 2017, she laid the upper body towards her inside in order to put labels on two iron bars that were installed for the storage of the Defendant's raw materials in the storage of the Defendant. In order to put them into the upper body, she was faced with her head on the upper body of the day in the process of causing the body after work.

As such, the steel co-ordin of more than one ton was over and covered by D, and D died in that place.

(hereinafter the above death accident is referred to as “the instant accident,” and D is referred to as “the deceased.” The Deceased was a minor child before his birth, and his father was living together with his spouse E in de facto marriage while his father was divorced from his father.

Under the Industrial Accident Compensation Insurance Act, survivors' benefits were paid to E according to the accident of this case.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 3 and Eul evidence 1, 6, and 8 (including numbers; hereinafter the same shall apply), Eul's reproduction result of Eul evidence 5, the purport of the whole pleadings

B. (i) The employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor as an incidental obligation under the good faith principle accompanying the labor contract, and is liable to compensate the employee for damages caused by his/her breach of such duty.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001, etc.). Comprehensively taking account of the Shell back and the foregoing evidence, the steel cryp in the defendant's warehouse was set up near normal vertical area, and thus, the contact with the red cryp is very narrow, and it is small that weight-centered is oriented.

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