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(영문) 서울중앙지방법원 2015.12.11 2015나9270
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this court's explanation is as follows, except for the cases where the part No. 4 and No. 10 of the judgment of the court of first instance is cut down as follows. Thus, this court's explanation is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be mard;

B. Determination 1) An employer, as an incidental duty under the good faith principle accompanying the labor contract, bears the duty to take necessary measures, such as improving human and physical environment, so that an employee does not harm life and body in the course of providing labor, and is liable to compensate an employee for damages caused by his/her violation of such duty. However, barring any special circumstance, in order to recognize liability for damages to an employer on the ground of his/her breach of duty of protection, the accident is not related to the employee’s work, and in light of the specific circumstances at which the issue of the duty of protection, such as the worker’s occupation, duty, duty, work place, etc., may be anticipated that the accident may normally occur, but the employer is not negligent in taking any other safety measures to avoid the accident (see, e.g., Supreme Court Decisions 9Da56734, Jul. 27, 200; 9Da60115, Mar. 10, 200; 200: The Deceased’s work performed on the day of the accident from 0th work of the No.

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