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(영문) 서울중앙지방법원 2019.04.03 2017가단5067472
손해배상(산)
Text

1. The defendant shall pay to the plaintiff KRW 88,00,000 as well as 5% per annum from February 23, 2015 to April 3, 2019, and the next day.

Reasons

1. Occurrence of liability for damages;

A. On August 2, 2014, the Defendant employed the Plaintiff for the purpose of packing, delivery, and marketing of goods at the business establishment located in Dongdaemun-gu Seoul Metropolitan Government D, and thereafter, the Plaintiff has been mainly engaged in packing work. On February 23, 2015, the Plaintiff requested E, who was engaged in nuclear cutting work on or around 09:00, requested the Plaintiff to perform his/her duties. Accordingly, E sent the work guidelines, safety rules, etc. to the Plaintiff and had the Plaintiff proceed with nuclear cutting work. The Plaintiff sent 30 nuclear power teams for winter to the board of the board, and returned 1:30 on the same day while the Plaintiff returned 1:30 on the same day while he/she carried out the cutting work, he/she puted hand in the original cutting and cut part of the right hand (hereinafter referred to as “instant disaster”).

2) As a result of the instant disaster, the Plaintiff suffered injury, such as the incomplete cutting of the right hand, the upper upper part of the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the body of the body of the Plaintiff, the body of the Plaintiff, the body of the body of the Plaintiff, the body of the Plaintiff, the body of the Plaintiff, the body of the Plaintiff, the body of the body of the Plaintiff, and the body of the body of the Plaintiff,

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

(See Supreme Court Decision 97Da12082 delivered on February 23, 1999, etc.). According to the above facts, the defendant employed the plaintiff to perform the work of packaging, etc., so it is possible for the defendant to perform the work of cutting off the original body with high risk of injury.

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