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(영문) 창원지방법원 2016.09.09 2015가단13808
손해배상(산)
Text

1. The Defendant’s KRW 12,00,000 and the following day to the Plaintiff annually from March 6, 2014 to September 9, 2016.

Reasons

1. Occurrence of liability for damages;

A. In fact, the Plaintiff was employed by the Defendant and was working at the construction site of a new building that the Defendant performed. At around 08:00 on March 6, 2014, the Plaintiff suffered injury, such as pressure duplicating 12, as a sloping bridge was cut off during the construction work of the second floor building.

(hereinafter referred to as the “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 and 2, the result of the commission of physical appraisal to the director of the Indones University Busan Hospital, the purport of the entire pleadings.

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and 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, 200). According to each of the above findings, according to each of the above findings, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to negligence, which caused the Plaintiff to perform his/her work without taking any particular measures, despite being negligent in installing facilities, etc. to ensure the Plaintiff’s work at a high place.

C. The limitation of liability: (a) despite the fact that the Plaintiff, as the Plaintiff, has a duty of care to thoroughly fix the leg so as to prevent the leg from getting out of the leg in carrying out the work on the leg, it can be recognized that the Plaintiff failed to fulfill such a duty; and (b) the Plaintiff’s mistake also caused the occurrence and expansion of the instant damage.

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