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(영문) 대구지방법원서부지원 2015.12.03 2014가단30517
손해배상(산)
Text

1. The Defendant’s KRW 10,508,710 as well as the Plaintiff’s annual rate from November 30, 201 to December 3, 2015, and the following.

Reasons

1. Basic facts

A. The defendant is a company manufacturing automobile parts, and the plaintiff is a foreign worker with the nationality of Pakistan employed at the first factory branch of the defendant company through the employment permit system with the Ministry of Employment and Labor.

B. On November 30, 201, at around 11:30, the Plaintiff suffered injury, such as a pipe spawned, pipe spawned, and the Plaintiff’s knee-knee-knee-kned, and the Plaintiff suffered injury, such as a spawn spathm spawn, the right side spawn spawn spathm, the right side side spawn spawn spathm, the right side spawn spathm spathm, etc.

(hereinafter referred to as “instant accident”). C.

As to the period of medical care from November 30, 201 to April 30, 2013, the Plaintiff received temporary layoff benefits of KRW 21,297,390, medical care benefits of KRW 14,609,950, and disability benefits of KRW 9,318,540.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As an incidental duty under the good faith principle accompanying an employment contract, an employer of the responsibility bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and where an employee suffers loss by violating such duty, he/she shall be liable to compensate for such loss.

(2) In light of the above facts, the Defendant, an employer of the Plaintiff, has an obligation to provide safe working environment and to wear safety equipment, etc. so as not to fall during the movement so as to prevent the Plaintiff from falling off, and the instant accident occurred due to negligence, which led to the Defendant’s negligence, even though the Plaintiff had an obligation to protect his employees by failing to do so. As such, the Defendant is due to the instant accident.

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