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(영문) 전주지방법원 2019.06.13 2018가합2126
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff A, KRW 87,110,478, and each of the said money to Plaintiff B and C, respectively; and (b) on December 22, 2017.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B and C are the children of the deceased.

From May 3, 2017, the deceased worked as an employee of the defendant from May 3, 2017 to December 22, 2017, which is the date of the accident, and was in charge of the work of inserting the raw materials of feed into the cutting machine.

F was a person in charge of safety management and a person in charge of safety management as a chief of the purchase division of raw materials.

B. On December 22, 2017, the Deceased, at around 15:31, 2017, was engaged in the process of suspending a drying machine installed in the Defendant’s feed plant located at the seat of the Defendant’s head office, and removing sprinks accumulated in the cutting machine by entering the said cutting machine.

However, F, working as a person in charge of safety management of the defendant and a person in charge of purchase, did not discover that the deceased is in the above cutting machine, and the deceased was put on the screen of the cutting machine at the wind that the operation of the cutting machine is pressing.

As a result, the deceased suffered injury such as dystroke and long-term damage, left-hand pelle and unfying damage and transferred to the hospital, but died during the transfer to the low-dystroke which was caused by the injury.

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

1) In relation to the instant accident, F was prosecuted by Jeonju District Court 2018 Godan547, and was sentenced to imprisonment without prison labor on August 13, 2018, but was appealed by Jeonju District Court 2018No1123, which was sentenced by the appellate court on October 18, 2018, and was sentenced to a stay of execution three years and a community service order of 80 hours from the appellate court on October 18, 2018, and the judgment of the said appellate court became final and conclusive. 2) In relation to the instant accident, G, the Defendant and the Defendant’s representative director, was indicted for the violation of the Occupational Safety and Health Act, including the following facts charged, as the Jeonju District Court 2018 Godan606.

3.2

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