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(영문) 대구지방법원 2017.09.15 2016가단117145
손해배상(산)
Text

1. The defendant,

A. Plaintiff A: KRW 98,95,609; KRW 5,000,00 for Plaintiff B; KRW 2,500,000 for Plaintiff C; and Plaintiff D. 2.

Reasons

1. Basic facts

A. The defendant operates a presses processing plant with the trade name of "F", and the plaintiff A is employed by the defendant and work for the presses processing workplace. The plaintiff B is the wife of the plaintiff, the plaintiff C and the plaintiff D are the children of the plaintiff, and the plaintiff Gap succeeding intervenor A (hereinafter the plaintiff succeeding intervenor) is a corporation established under the National Pension Act for the purpose of contributing to the stability of the people's living and the promotion of their welfare by paying pension for old age, disability or death.

B. At around 17:30 on June 26, 2015, Plaintiff A suffered an accident where the water level is narrow on the right side of the slodds, continuously slodddddyed off in the slody that had been carried out by using presses at F’ pressess workplace in his hand, and carried out the slody in the process of doing the slodying.

(hereinafter referred to as the "accident" in this case) Plaintiff A suffered serious injury, such as 1), 1,2,3,4,5 balance of the entire right hand hand, 2), 2,3,4,5 balance of the right hand, 3), 2,3,4,5,2,2,2,2,2, 4, 4,2, 4,2,2,2,2,2,2,2, 4,2, 4,2,2,2, and 4,2,2,2,2,

C. Plaintiff A received 117 days from June 26, 2015 to April 26, 2016 for the treatment of injury caused by the instant accident, and received hospital treatment for 189 days, and received temporary layoff benefits from the Korea Workers’ Compensation and Welfare Service for the said period. During the said period, Plaintiff A received KRW 14,426,670 for temporary layoff benefits and KRW 12,966,260 for medical care benefits.

In addition, with respect to the disability caused by the instant injury, the Plaintiff A received a disability pension under the Industrial Accident Compensation Insurance Act’s disability grade No. 06 class 08. In addition, the amount that could have been received if the Plaintiff had applied for lump-sum disability compensation without applying for the disability pension is KRW 49,185,021 corresponding to the first average wage of KRW 66,736.80, which was 737.

Article 5 of the above Act

2. According to the Labor Standards Act, “average wages” refers to average wages under the Labor Standards Act.

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