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1. The Defendants jointly committed against Plaintiff A with KRW 56,736,574, and KRW 33,824,383, respectively, and each of them on February 1, 2016.
Reasons
1. Basic facts
A. The status of the parties 1) Plaintiff A is the net F (hereinafter “the network”).
(2) As the representative director of G Co., Ltd. (hereinafter “G”) engaging in waste collection and transportation business, the Plaintiff B and C is the deceased’s spouse, and Defendant D is the actual manager of H (individual entity) engaged in waste disposal at the same address, and Defendant E is the individual entrepreneur of H and the spouse of Defendant D.
B. In the event of an accident and the deceased’s death, G is a fluor owner of a waste transport vehicle (11.5 tons pressure truck), and I is the head of H-affiliated factory.
On February 29, 2016, at H plant around 11:55, I performed an operation adjacent to an exchange gate connected to the powder to repair the opening and closing system of the entrance to load the gate for the operation of the Deceased, and the Deceased created metal dust, which was accumulated inside the powder box while he was engaged in work assistance in the surrounding area, and the Deceased died immediately.
(hereinafter referred to as “instant accident”). C.
Defendant D was charged with occupational injury, violation of the Occupational Safety and Health Act due to the instant accident. Accordingly, the Changwon District Court’s appellate court (Seoul District Court 2017No40) held that Defendant D was charged with occupational injury, occupational injury, and violation of the Occupational Safety and Health Act. The facts that Defendant D was a small-scale enterprise with more employees than Defendant D and I; ② H factories were set up in the sand position panel; ② there was three natural ventilation tools in the ceiling; ③ Defendant D brought materials such as metal powder into H factories into H factories and delivered them again in metal powder or metal flor form following the process of screening; ④ exchange mats in H factories were not used directly for the waste treatment business as above; ④ was used for maintenance and repair of a small-scale enterprise with more employees than Defendant D and I; ⑤ was installed in the ceiling, and all of them were supplied.