1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance except for the following dismissal, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. According to Article 90 of the Labor Standards Act, the Defendant, the original contractor, falls under the employer pursuant to Article 90 of the Labor Standards Act, since the construction work in this case’s claim for compensation for damages arising from the tort falls under the case where the construction work in this case’s claim for compensation for damages is executed based on several contracts. The Defendant is obligated to exercise overall control over the construction work in this case’s whole process and coordinate pursuant to Article 29(1) of the Occupational Safety and Health Act, and to take measures to prevent industrial accidents that may arise from the construction work in this case’

In addition, the defendant specifically directed and supervised the construction of mining pumps of the development of the solar industry, and the defendant bears tort liability for the failure to prevent the occurrence of the accident at the accident site due to the absence of safety manager at the accident site in this case.

B. In the case of a contract for determination of the claim for damages arising from a tort, Article 4-B-2(2) of the first instance court's judgment, in principle, the contractor has no duty to take safety measures necessary for the prevention of accidents in relation to the contractor's work, but the contractor has a duty to take safety measures necessary for the prevention of accidents, in special circumstances, such as that the contractor has a specific duty to supervise and supervise the contractor's work or that the contractor has specifically instructed and supervised the contractor's work or individual work.

(see, e.g., Supreme Court Decisions 95Do2263, Jan. 26, 1996; 2008Do7030, May 28, 2009). In addition, Article 90(1) of the Labor Standards Act provides “a business.”