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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 57,921,658 as well as to the plaintiff on July 4, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is the Defendant’s employee who is engaged in the automobile parts manufacturing business.
B. On July 4, 2015, at around 23:50, the Plaintiff was faced with an accident where the upper sloid cut down under his own right and the Plaintiff’s left hand divided into the presses (hereinafter “instant accident”).
The Plaintiff suffered injuries, such as cutting off the left hand 2, 3, and 4 tensions, due to the instant accident.
C. The order of the above presses work is as follows.
(1) In the event the upper sloping is going to the upper sloping, the part to be processed by the Plaintiff with his left hand shall be laid to the gold shape. ② At the same time, the Plaintiff has applied two operational location to the upper sloping, ③ the upper sloping and processed the parts in gold shape; ④ the upper sloping has suspended the upper sloping; ⑤ the parts processed by the Plaintiff with his hand shall be left to the gold shape.
【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 8, 9 (including each number in the case of additional numbers), Eul 1 through 7, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The Defendant, as the Plaintiff’s employer, is obligated to take measures to prevent accidents (such as safety inspection, repair, etc.) and to take safety measures to prevent accidents in advance by monitoring and supervising the occurrence of accidents during work.
However, it is reasonable to view that the instant accident occurred due to the Defendant’s violation of the duty of safety consideration, since the Plaintiff did not enjoy the operation location in both hands, and the presses upper sloids and the instant accident occurred.
Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.
B. Restrictions on liability: (a) the Plaintiff also works on a press machine with high risk of accidents; and (b) the presses.