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(영문) 서울중앙지방법원 2020.11.27 2019나75497
손해배상(산)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant is a company running gold-type production and sales business. From around August 2014, the Plaintiff is an overseas Korean of Chinese nationality who worked for the Defendant’s factory from around around August 2014, and the Plaintiff is an overseas Korean of Chinese nationality. 2) On May 26, 2016, when the Plaintiff was working at the Defendant’s plant parts manufacturing site located in Asan City, Asan City, on May 12:50, 2016, the Plaintiff temporarily stopped the 3 process presses and taken out the products while the products, the process of which the presses finished in the 3 process, turned back to the 4 process from hand. The Plaintiff’s right hand over again operated, resulting in injury and cutting and cutting (on the right hand 2, 3, 4,5, 5 balance, cutting from the right balance).

(3) The order of work of the presses above (hereinafter referred to as the "accident") consists of ① the parts to be processed by the plaintiff in a gold-type, ② the plaintiff has laid down the parts to be processed by the left hand, ② the plaintiff has processed the parts to be laid in a gold-type by cutting down the upper sadow at the same time, ③ the upper sadow has suspended by cutting down the parts, ④ the parts processed by the plaintiff in a gold-type, ④ the parts processed by the plaintiff in a gold-type, ④ the parts processed by the hands are to be cut off from the gold-type. [The evidence Nos. 1 through 5, No. 3 and the purport of the whole pleadings are as follows:

B. According to the above recognition of liability, the defendant, as an employer, is obligated to take necessary measures, such as improving physical environment so that the plaintiff, who is an employee, does not harm life, body, and health in the course of providing labor as above, as well as to take necessary measures to prevent safety accidents under the Occupational Safety and Health Act and industrial accidents caused by machinery and equipment.

Nevertheless, the defendant neglects the above duty.

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