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(영문) 창원지방법원 2017.02.10 2015가단13174
손해배상(산)
Text

1. The Defendant: (a) KRW 36,342,452 to Plaintiff A; (b) KRW 2,00,000 to Plaintiff B; and (c) from July 15, 2014 to February 15, 2017 to each of them.

Reasons

1. Occurrence of liability for damages;

A. On April 9, 2014, the Plaintiff was employed by the Defendant Company as a one-time mold for construction, and was employed by the Defendant Company on July 15, 2014. On July 10:0, 2014, the Plaintiff suffered injury, such as double-storys, i.e., e., double-storys installed in the second underground parking lot in the construction site in Kimhae-si, Kimhae-si, in order to fix the joint board on the floor in order to fix the joint board from the installation of a stud house necessary for the installation of a protective wall for vehicle collision prevention at the second underground parking site in the new construction site in Kimhae-si, Kimhae-si (hereinafter “instant accident”).

2) Plaintiff B is an infant of Plaintiff A.

(hereinafter “Plaintiff” is a “Plaintiff”, the Plaintiff A refers to the ground for recognition”) . [Attachment], the entry of evidence Nos. 1 through 3 (including additional numbers), and the purport of the entire pleadings.

B. As incidental obligations under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving human and physical environment so that an employee does not harm his/her life, body, and health, while providing his/her labor. In cases where an employee suffers damage by violating such duty of protection, the employer is liable to compensate for such damage (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000; etc.). The Defendant, as the Plaintiff’s employer, had provided the Plaintiff with protective outfits, such as a massage, etc., and provided safety education thoroughly while ordering the Plaintiff to work, was engaged in the work without any particular measure. Accordingly, the Defendant is liable to compensate the damages suffered by the Plaintiff due to the instant accident.

C. Limit of liability, however, the Plaintiff also has the duty of care to wear protective gear, such as Anchoke, and the Defendant.

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