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(영문) 대전지방법원 2017.01.11 2015가단39293
손해배상(산)
Text

1. The defendant's each of the plaintiffs 37,748,057 won and each of the above money 2014

9. From May 1 to January 11, 2017, 5% per annum.

Reasons

1. Facts of recognition;

A. The Defendant is a business operator who runs the cryptism, etc. with the trade name “E” in the building located in Daejeon Seo-gu D, and the networkF (hereinafter “the network”) is a business operator who enters the Defendant’s office on April 3, 2014 and is in charge of dental services.

A worker who died on September 5, 2014.

The plaintiffs are parents of the deceased.

B. 1) The deceased’s main duties were to cut down a fluence in the work room, and he was engaged in the above tasks by the Defendant with the skills of cutting down the fluence. 2) The deceased ordinarily worked at around 8-9:0 p.m. and worked at around 22:0 p.m. (10:0 p.m.) at a normal time, and worked for more than the self-def. time.

Even in accordance with the Defendant’s statement, the Deceased worked on an average of 56 hours per week prior to the death and average of 50 hours per week during 12 weeks prior to the death. The Deceased’s working hours per week prior to the death were 61 hours.

The break time has been adjusted by itself without separately fixed time, and it has been working on holidays.

C. On September 4, 2014, the Deceased’s deceased was returned to the hospital after having finished his work on September 4, 2014, and was locked and failed to shoulder the deceased by not later than 19:00 the following day. While his family was broken out to have his work, he reported to 119 and transferred the deceased to the hospital, the deceased was already dead.

Although the investigator of the Daejeon District Police Agency failed to directly verify the deceased's private person without undergoing a autopsy, the investigator of the Daejeon District Police Agency stated that "the tendency of the deceased's internal and sexual intercourse appearing in the deceased can be presumed to be the possibility of an ex post facto death of the head of the Gu as a result of a sudden death due to internal personality heart."

The Deceased has not suffered or received treatment from a heart disease or other disease that may cause a death before the death.

The Plaintiffs to be paid the bereaved family benefits of Korea Labor Welfare Corporation shall be bereaved family benefits.

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