logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.09.23 2014가단25460
손해배상(산)
Text

1. The Defendant’s KRW 64,199,743 as well as 5% per annum from July 16, 2013 to September 23, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. In fact, the Plaintiff, as an employee of the Defendant Company, was able to move to the back side of the working vehicle during the process of collecting food wastes in Changwon-si B on July 16, 2013, and suffered injury, such as external wound-free depression, fladism, and cerebral typhism, etc. from the vehicle while moving to the back side of the working vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and 4, witness C's testimony, the purport of the whole pleadings

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health in the course of providing his/her labor. In cases where an employee suffers damage by violating such duty of protection, the employer is liable to compensate for the damage (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 9Da47129, May 16, 2000; etc.). According to each of the above findings of recognition, the Defendant is liable to compensate the Plaintiff for the damage caused by negligence that the Plaintiff and other workers, including the Plaintiff, were negligent in providing the Plaintiff with a duty of care to provide the Plaintiff with the safety education to board the vehicle at the time of moving and thoroughly or safely move equipment to save hours, while moving short distance from time to time.

(c) limitation of liability, provided that the plaintiff, as well, should take preventive measures against the plaintiff's moving to the seat of the vehicle in a safe manner or in the event of moving to the scam on the scam without it, because there is a high risk of falling at the time of moving or leaving the scam at the time of moving, or

arrow