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(영문) 광주지방법원 2016.11.23 2015가단531506
손해배상(산)
Text

1. The Defendant’s KRW 23,582,092 as well as 5% per annum from April 22, 2015 to November 23, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Basic facts 1) From April 22, 2015 to 10:00, the Plaintiff was engaged in roof dismantling work on the roof of Defendant Company’s factory located in Switzerland-gun, Mancheon-gun, Mancheon-gun, Mandong-ro, 67-38, and the Plaintiff felled on the ground below approximately five meters, along with the roof of the roof of the roof of the company, and on the same day, the Plaintiff was engaged in roof dismantling work on the roof of the Defendant Company at around 16:40 (hereinafter the accident in this case).

2) The Plaintiff suffered injury due to the instant accident: (a) the instant accident: (b) the Plaintiff suffered injury to the Plaintiff, such as the Plaintiff’s pelle to the left-hand pelle to the upper-hand pelle to the upper-hand pelle; (c) the left-hand pelle to the upper-hand pelle to the upper-hand pelle to the upper-hand pelle to the lower-hand pelle to the lower-hand pelle to the lower-hand pelle; and (d)

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 2-1 to 4, witness Eul's testimony, the purport of the whole pleadings

B. As a matter of the good faith principle accompanying an employment contract, the Defendant’s damage liability employer bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and is liable to compensate for the damages suffered by the employee by violating such duty

According to the above facts, since the defendant ordered work at the risk of falling, it is obligated to install a work plate, such as a rain gauge, a safety watch net, a safety belt, etc.

However, since the plaintiff suffered injury due to the defendant's negligence that failed to perform the duty of protecting the plaintiff or the duty of safety consideration, the defendant is liable to compensate for the damage suffered by the plaintiff due to the accident of this case.

C. According to the evidence prior to the limitation of liability, the Plaintiff neglected his/her duty of care to promote the safety of himself/herself by connecting safety belts and wire ropes with body to prevent falling, and the roof during work.

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