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(영문) 춘천지방법원원주지원 2020.07.01 2019가단57253
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 5, 2019 to May 6, 2019, the Plaintiff provided labor at the construction site of the Corporation C (hereinafter “instant construction site”) performed by the Defendant in the original city of the Corporation (hereinafter “instant construction site”).

나. 원고는 2019. 5. 6. 08:30경 터널 콘크리트 타설 작업의 일환으로 지수판(止水板, 콘크리트의 이음 부분에 물이 유입되는 것을 방지하기 위하여 설치하는 판)을 들어 올리던 중 허리를 삐끗하는 사고를 당하고(이하 ‘이 사건 사고’라 한다), 같은 달

7. It was admitted to the E Hospital located in Haju-si D.

C. From May 7, 2019 to May 31, 2019, the Plaintiff received the diagnosis of the escape certificates and back-1,00-5 of the 5th century, and the vertebrate chrone, chrone, chrone, etc. (hereinafter “instant injury and disease”), and was administered at the above hospital on May 10, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 (including provisional number), purport of whole pleadings

2. The assertion and judgment

A. Of the Plaintiff’s assertion of tunnels, the installation of index plates ought to be raised from very narrow space to 50 km.

Nevertheless, the Defendant did not prepare for safety accidents by assigning a supervisor, such as a safety manager, at the construction site of this case, and did not conduct education on accident prevention or safety measures, including physical assistance before the work, and did not take measures to safely put heavy objects in a narrow space.

Therefore, the defendant, in accordance with Article 76 of the Labor Standards Act, Articles 5(1), 13(1), 14, and 15 of the same Act, and Articles 336(1)3 and 336 of the Rules on Occupational Safety and Health (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 200).

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