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(영문) 대구지방법원 2017.07.14 2016가단109960
손해배상(기)
Text

1. The Defendant’s KRW 8,192,727 with respect to the Plaintiff and KRW 5% per annum from January 21, 2016 to July 14, 2017.

Reasons

1. Basic facts

A. From around 2009, the Defendant has been operating an orchard (hereinafter “instant orchard”) located in D with the trade name of “C”.

B. From October 2014, the Plaintiff has been engaged in harvesting the sense in the instant orchard with four workers, including Nonparty E, etc. from around October 2014.

(c)in the event of an accident involving a worker F who has harvested a sense of scam from among them, the occurrence of an accident involving the fall of a sense of scam trees was suspended;

After that, the defendant requested E to resume the task at bar, and the plaintiff requested the plaintiff to resume the work at bar, and the plaintiff was allowed to resume the work at bar.

E. On November 7, 2014, the Plaintiff, along with E, was engaged in the gathering of shot trees in the house in which the Defendant’s mother resides. On the same day, around 14:30 of the same day, the Plaintiff was subject to an accident of falling down with a shot tree, which was on the course of getting off and getting off the shot trees.

(f) The Plaintiff suffered injuries, such as the upper right alley, etc., due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, witness E’s testimony (except for the portion not believed in the following), the purport of the whole pleadings

2. The occurrence of liability for damages and the limited employer are incidental obligations under the good faith principle accompanying the labor contract, and bear the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her 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 shall be liable to compensate

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). The following circumstances acknowledged by the facts and the evidence as seen earlier, i.e.,: (a) harvesting trees normally at the time of the instant orchard operations; and (b) harvesting them at the time of the instant accident.

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