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(영문) 창원지방법원 2019.02.01 2018나57794
손해배상(산)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for the addition of the following "2. Additional determination" as to the assertion added by the plaintiff in this court. Thus, it is citing it as it is by the main text of

2. Additional determination

A. The plaintiff's assertion is the business owner of the construction of the instant case, who is obligated to take necessary measures to prevent the danger at the place where the workers might fall down.

(Article 23(3) of the Industrial Safety and Health Act. In addition, since the Defendant awarded a contract to E for construction in the same place, such as giving F a contract for construction to E, it is obligated to take measures to manage safety and health on a circuit inspection on the job site to prevent the Plaintiff, who is a contractor, from being an employee of F, from being affected by industrial accidents during the work process, and to instruct him/her to work in a safe manner and to monitor the work situation.

(1) Article 29(1) through (3) of the Industrial Safety and Health Act. Nevertheless, the Defendant did not confirm the status of a rail railer, such as whether a railer of the instant visa, which is at risk of falling, and did not perform the above duty of safety consideration by failing to conduct safety education on the use, etc. of the visa to the Plaintiff, who is an employee.

Due to the Defendant’s negligence of duty as above, the Plaintiff fell in the instant vision and was involved in the instant accident, and the Defendant is obligated to compensate the Plaintiff for the damages caused by the instant accident.

B. Article 23(3) of the Industrial Safety and Health Act provides that “The business owner may collapse a place where workers might fall down, soil and sand, structures, etc. might collapse during work, material objects might fall or fall off, and any other danger may occur due to a natural disaster.”

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