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(영문) 창원지방법원마산지원 2016.03.11 2015가단102258
손해배상(산)
Text

1. The Defendant’s KRW 8,092,01 as well as the Plaintiff’s KRW 5% per annum from March 24, 2014 to March 11, 2016, and the following.

Reasons

1. Basic facts

A. On March 13, 2014, the Plaintiff started to work for “C” operated by the Defendant and started to work as a counter-air. On March 24, 2014, the Plaintiff suffered injury to the right side of the 4,5th hand hand of the machinery due to an accident in which the machinery was operated on the part of the tight machine works, which was located in the machinery.

(hereinafter “instant accident”). (b)

The Plaintiff received hospital treatment for 91 days from March 24, 2014 to June 22, 2014, and received hospital treatment for 260 days from March 9, 2015 thereafter. The rate of loss of labor ability due to the above fingers cutting constitutes 11.7%.

C. As an industrial accident compensation, the Korea Labor Welfare Corporation paid the Plaintiff KRW 50,727,370 in total, including KRW 26,727,370 and KRW 24,00,00 in disability benefits.

[Ground of recognition] The facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, the result of this court's commission of physical appraisal to Busan University Hospital, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above and the purport of the entire pleadings, the Defendant, as an employer who employs the Plaintiff at a workplace where the risk of accidents is relatively high, is relatively high, was negligent in failing to prepare against the first half of the safety accident by neglecting the duty of care to provide safety education, to maintain a safe working environment, and to thoroughly supervise and supervise the operation of the machinery. The Defendant’s negligence is determined as one of the causes of the instant accident.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.

B. 1) The ratio of loss of monthly income to the number of days per unit price of the last wage as of the first day of the day of the actual daily income (12,30 m1 m1 m2 m2 m2 m1-2 m2 m1-2 m2 m2 m1-2 m2 m2 m2 m2,471,260 0.00 0.00 0.00 0,000 1.9875 1.9875 0,9875 1.9875 4,911,629 2.12, 330 m222,471, 260 m20 m260 m2. 135.

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