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(영문) 광주지방법원순천지원 2014.12.18 2013가단16330
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, at around 14:00 on January 14, 201, cut V from the Defendant’s “D trillion station” operated by the Defendant at the time of leisure water to 7.93 tons of the vessel’s hull, while engaged in repair work after the hull of the vessel (hereinafter “instant work”), thereby causing injury to the Plaintiff’s right-hand side of the vessel, such as tearing the Plaintiff’s right-hand side of the vessel at the time of damage.

(hereinafter referred to as “instant accident”), . [Grounds for recognition] without dispute, entry in Gap evidence 2-1 through 4, Gap evidence 3, Eul evidence 13-1 and 11-1, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The plaintiff asserted the employment relationship was employed by the defendant and the work in this case. The defendant, as an employer, neglected his duty to protect the employee or to take safety measures, such as having the employee wear a protective gear so as to prevent the occurrence of an accident caused by his day during the work in this case, which is an employee, even though he had the duty to protect the employee, and accordingly, the accident in this case occurred. Thus, the plaintiff is liable to compensate the damages suffered by the plaintiff as an employer.

B. Even if the plaintiff and the defendant are not in the employment relationship with the plaintiff, the defendant is liable for damages suffered by the plaintiff, since the plaintiff entered into a labor contract in the form of labor contract in relation to the work of this case, and the plaintiff was engaged in the work of this case under the management and supervision of the defendant, and the accident of this case occurred.

3. Determination

A. As an incidental duty under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health during the course of providing his/her labor, and by violating such duty, thereby incurring loss to an employee.

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