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(영문) 창원지방법원 2015.06.05 2014가단76468
손해배상(산)
Text

1. The defendants jointly do so to the plaintiff A 24,00,000 won, the plaintiff B, and C respectively 84,363,615 won, the plaintiff D, and E 5,000.

Reasons

1. Occurrence of liability for damages;

A. The fact-finding I (hereinafter “the deceased”) is the representative of the business registration of Defendant G and J operated by Defendant G and H, and Defendant H is the actual operator who entered into an employment contract with the deceased, and a contract for the clinical processing with the Defendant Company as the actual operator.

On April 5, 2014, the Defendant Company was a worker employed in J, and around April 5, 2014, while dismantling steel structure of steel manufacturing equipment (hereinafter referred to as “pressing structure”) which is heavy objects at a factory owned by the Defendant Company, the structure collapses, and the steel structure covered the Deceased, and the steel structure died with external cerebral cerebrovassis (hereinafter referred to as “instant accident”). Defendant F Co., Ltd. (hereinafter referred to as the “Defendant Company”) is a company running manufacturing industry, etc. in Kimhae-si. The Defendant Company was a company that was established in the same place as a small president at the same time and was subcontracted the processing process among the quantities the Defendant Company subcontracted by the Defendant Company. At the time of the instant accident, the Deceased was performing the work of modifying and dismantling the frame of manufacturing steel manufacturing equipment for steel manufacturing equipment subcontracted by the Defendant Company.

The Defendants did not prepare a release work plan that includes work procedures in the process of dismantling presses against the Deceased. They did not take measures to prevent risks, such as installing safety facilities to prevent the danger from exceeding or falling off heavy objects. They did not provide specific work instructions or safety education regarding the above work.

In relation to the instant accident, Defendant H was sentenced to 8 months of imprisonment for occupational injury, death, and violation of the Occupational Safety and Health Act, and 2 years of suspended execution, and became final and conclusive (the Changwon District Court 2014Sang2782). The Defendant Company is punished by a fine of KRW 3,00,000 on suspicion of violating the Occupational Safety and Health Act, which did not take necessary safety measures to prevent industrial accidents in the contract business.

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