If the base of a tent booms in the light of coal, it is reasonable to presume that the accident was caused by the defect of facilities that did not fulfill the duty of preventing the collapse of the base in the breath mine.

If the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base of the base.

Article 758 of the Civil Act, Article 5 of the Mining Safety Act

Plaintiff 1 and six others

Korea Coal Corporation

Seoul High Court Decision 68Na2745 delivered on July 24, 1969

The original judgment is reversed, and the case is remanded to the Seoul High Court.

As to the Plaintiffs’ grounds of appeal:

According to the purport of the oral argument and the facts established by the original judgment, the non-party, while doing so in the mine area owned by the defendant, has salved and salved by salved. The non-party's reasoning is that the non-party entered the workplace without the permission of the head of the working group at the time of the accident and put it into the workplace with heavy dynamics without the help of the post-san, and the accident caused the defects of the defendant's establishment (the failure to take security measures stipulated in Article 3 of the Mining Safety Act). However, if the non-party died due to the salvble roof accident such as recognition of the original judgment, the accident is presumed to have been caused by the defect of the defendant's establishment in the mine area, and even if the judgment was recognized by the non-party, even if the non-party was negligent, the non-party's negligence should be considered to have been caused by the non-party's fault, and it is reasonable to reverse the above defendant's mining establishment without any negligence.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet