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(영문) 수원지방법원안산지원 2013.10.16 2012가단107396
손해배상(기)
Text

1. The Defendant’s KRW 12,947,524 to the Plaintiff and the Plaintiff’s annual rate of KRW 5% from September 19, 201 to October 16, 2013, respectively.

Reasons

1. Occurrence of liability for damages;

A. On September 19, 201, when the Plaintiff was working as the Defendant’s employee, the Plaintiff got her hand to the roller while carrying the paper packaging paper at the Defendant’s workplace (hereinafter “instant machine”). Accordingly, the Plaintiff suffered injury, such as cutting down the upper right 1 through 4 water, cutting off, beer, and neculsis damage.

(hereinafter referred to as “instant accident”). 【The ground for recognition: the fact that there is no dispute, entry of evidence A2, and purport of the whole pleadings】

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer liable to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, as an incidental duty under the good faith principle accompanying the employment contract, and as a result, an employee is liable to compensate for damages

(See Supreme Court Decision 97Da12082 delivered on February 23, 199, etc.). In light of the above legal principles, according to the health stand, Gap evidence No. 11-1, and witness Eul's testimony, the following facts are acknowledged: (a) where foreign substances are contained in the strawls of the machinery of this case; and (b) in such a case, the skilled workers with the string technology of the machinery are ordinarily removed work; (c) on the other hand, where the skilled workers are absent from the site due to absence from the site, there is a need to remove them directly; and (d) if so, the defendant neglected to take safety measures by conducting safety education in relation to the removal of this material, etc. taking into account such working conditions, the defendant neglected to do so even to the general workers such as the plaintiff, etc.; and (d) the accident of this case occurred.

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