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(영문) 대구지방법원 2017.02.16 2016가단113792
손해배상(산)
Text

1. The Defendant’s KRW 44,159,236 as well as 5% per annum from June 16, 2015 to February 16, 2017 to the Plaintiff.

Reasons

1. Status of parties;

A. On September 2010, the Plaintiff entered the Republic of Korea on and around September 2010, entered into a labor contract with the Defendant, who was permitted to employ foreign workers pursuant to the provisions of the Act on the Employment, etc. of Foreign Workers, and worked in the workplace operated by the Defendant (the trade name C and January 20, 2016, changed to B “stock company”) (the trade name C and January 20, 2016, changed to B”).

B. On June 16, 2015, at around 19:40, the Plaintiff was engaged in manufacturing steel plates located in D and 2 persons 1, who are the nationality of Sri Lanka.

The above work is carried out in a way that the longer steel board, which was sealed on the left side of the work executor, is unfolded to the right side, or when the iron board is placed on the presses, the gold on the upper side of the presses is cut down below the presses and the parts are stamped, and the parts sealed by the presses were loaded on the arms below the presses.

C. At the time, the presses worked by the Plaintiff can work in two ways of automatic (the presses can automatically be carried out without a daily pressing, so one workman can take charge of presses and loading) and hand-on (the presses can be carried out in a way that the workman can divide two operating presses at a reasonable distance from the presss machine into two hand each by two hand, and the gold presses can work in two ways, where the presses are cut down below and materials are affixed, and the safety presses are attached to both walls on which the presses are installed so that the machinery is installed so that the machinery can not be operated when the body, etc. of the work person enters the machine.

However, the safety consensus of the presses that the Plaintiff was working on around May 2015 was in a state of failure or normal operation, and E, the director of the Defendant Company, as a way to the Plaintiff.

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