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(영문) 인천지방법원 2015.08.26 2013가단202570
손해배상(산)
Text

1. Defendant E:

A. The Plaintiff A’s KRW 31,261,113 as well as 5% per annum from November 2, 2010 to August 26, 2015.

Reasons

1. Basic facts

A. On October 27, 2010, Defendant E was awarded a contract with Defendant D for the construction and repair of the Kim Jong-si Factory (hereinafter “instant factory”) (hereinafter “instant construction”).

B. The Plaintiff, who was employed by Defendant E on November 2, 2010, at approximately 3m high from around 15:00 to around 3m, was engaged in the removal and cleaning of a tent in the factory branch of the instant case, resulting in an injury, such as an outer cerebrovascular, anthy, abalone, etc.

(hereinafter “instant accident”). 【The ground for recognition” has no dispute, Gap’s No. 2, Eul’s written evidence No. 1, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The Defendant E’s liability for damages is an incidental duty under the good faith principle accompanying the labor contract, and the employer bears the duty to take necessary measures, such as improving the human and physical environment so that the employee does not harm life, body, and health during the course of providing labor. As such, in order for the employee to be held liable for tort as prescribed in Article 750 of the Civil Act with respect to physical accidents suffered by the employee, it should be acknowledged that the employer was negligent in taking any particular safety measures for avoidance despite having known or could have known that the physical accidents caused by the relevant work could occur (see, e.g., Supreme Court Decision 2003Da20183, Jul. 22, 2004; Defendant E, having sufficiently predicted that the danger of fall at the time of taking into account the structure and form of the place of the accident in this case; Defendant E, having installed a safety net compared to the roof collapse or drilling, paid it to the worker for safety, and had it faithfully implement safety measures to prevent the safety accidents.

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