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(영문) 부산지방법원 2018.05.29 2015가단236420
손해배상(산)
Text

1. The Defendant’s KRW 211,820,148 as well as 5% per annum from January 8, 2013 to May 29, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of manufacturing the pipe, etc., and the plaintiff is a worker employed by the defendant, who manufactures the pipe using the co-day.

B. At around 15:30 on January 8, 2013, the Plaintiff’s accident that covers the Plaintiff (hereinafter “instant accident”) on the ground that it exceeded 1.5m in height, 10cm in width, and approximately 700-80km in weight, which the Plaintiff moved back to the work site to replace materials while conducting the steering work (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff suffered injuries, such as luminous fever, humlet damage, humlet damage, humletlet, right-to-hand 5 tumlet, etc.

[Ground of Recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 (including branch numbers in the case of additional number) and the purport of the whole pleadings

2. An employer who has incurred liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty 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 is liable to compensate for damages sustained by an employee by violating such duty of protection;

(See Supreme Court Decision 200.5. 16. The above facts are as follows. According to the above facts, the defendant takes sufficient safety measures to ensure that the co-days, which are materials for lighting operations, do not go beyond the work process, and conducts safety education to ensure that they do work by safe working methods, and thus, the accident in this case occurred due to the failure to take such safety measures, etc., so the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case.

However, the safety rules shall be well observed in the course of lighting work as the plaintiff, and the situation in the workplace shall be ensured so that it does not go beyond the co-days.

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