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(영문) 의정부지방법원 2020.07.15 2019가단130210
손해배상(기)
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant is a company aimed at manufacturing packaging boxes and paper containers, and the plaintiff is an employee employed by the defendant and engaged in the production work.

On January 14, 2019, while working at the Defendant’s factory, the Plaintiff suffered an accident that was carried in by hand with the neck (hereinafter “instant accident”), the left side of which was 2, 3, 4, 5 dulged dulged dulged with the straw (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the entire argument of the lawsuit of this case as to the legitimacy of the lawsuit of this case, the defendant's assertion by the plaintiff is obligated to protect the safety of workers by preventing industrial accidents under the labor contract and by creating a pleasant working environment. Thus, the accident of this case occurred due to the defendant's failure to properly perform these obligations despite the guidance of safety rules on machinery and the provision of safety equipment.

The consolation money that the Defendant paid to the Plaintiff on the ground of the instant accident is in full KRW 4.8 million, while the Plaintiff lost jobs due to the instant accident, and the Plaintiff suffered difficulties in Mongolia and Korea several times due to the lack of employment cost, and thus, the Defendant should pay consolation money of KRW 40 million in order to compensate the Plaintiff for the emotional distress suffered by the Plaintiff.

(1) The Plaintiff and the Defendant agreed on January 30, 2019 to receive KRW 4.8 million from the Defendant with respect to the instant accident and to waive civil claims in addition to the amount paid as industrial accident compensation insurance, and thus, the Defendant cannot claim consolation money any more against the Plaintiff.

Judgment

(b).

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