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(영문) 울산지방법원 2018.09.19 2017가단71453
손해배상(산)
Text

1. The Defendant: (a) KRW 24,984,635 for the Plaintiff and its related KRW 5% per annum from December 29, 2016 to September 19, 2018; and (b) September 20, 2018.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of manufacturing, leasing, wholesale and retail business of metal cutting and processing machinery, and the Plaintiff was in charge of the official duties (production of machine presses) at the Defendant Company from the first patrolman on October 2016.

나. 원고는 2016. 12. 29. 08:00경 피고의 사업장에서 전선닥트(자동차 엔진세척기계의 외부에 전선을 삽입시키는 부품)를 제작하는 컷팅 작업을 하던 중 그라인더가 튕겨서 그라인더의 쇠로 된 원형 날이 원고의 좌측 수부를 충격하는 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

C. The Plaintiff suffered injury by the instant accident, such as the pressure trags and incomplete cutting on the left-hand side of the water ledger, the balgs and blood and flags on the left-hand side, and the flags and flags, and flaging 1 to 4 water surface.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 4, and 5, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The gist of the parties’ assertion 1) The Plaintiff, as the employer employed by the Plaintiff, did not provide the Plaintiff with safety education prior to work, did not place a person in charge of safety management at the work site. Safety covers (Safety Coverers; hereinafter “Safety Cover”).

(2) The defendant asserts that the accident of this case occurred by negligence on the part of the plaintiff's neglect of allowing the plaintiff to use his dog without any attachment, and thus, the defendant is liable to compensate the plaintiff for the damage caused by the accident of this case. 2) The defendant asserts that the accident of this case occurred by negligence on the part of the plaintiff's use, the defendant provided education on the method of work and safety, and the safety cover was attached to the plaintiff at the time of the accident, so the defendant should be exempted from liability for the accident of this case.

B. Determination 1 employer is an incidental duty under the good faith principle accompanying a labor contract, and is life, body, and life in the process of providing labor to an employee.

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