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1. The Defendant’s KRW 15,891,694 for the Plaintiff and KRW 5% per annum from July 16, 2016 to February 7, 2020 for the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) The Defendant is a corporation whose purpose is to manufacture, process, and sell non-ferrous metals, and the Plaintiff is a person who was employed as the Defendant’s employee from October 7, 2002. 2) The Plaintiff, at the Defendant’s factory (hereinafter “instant work”), conducted a new line work (hereinafter “instant work”). On July 16, 2015, the Plaintiff complained of the pain’s pain, and confirmed the injury (hereinafter “instant accident”).
3) The instant work ought to maintain a detailed attitude that imposes a burden on the part of the instant accident, such as repeated accommodation in the course of preparing packing, string, combining, melting, melting for production, distributing, packing, and bunding for production. 4) The instant accident is recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, and the Plaintiff received medical care from the Korea Workers’ Compensation and Welfare Service during the period from July 16, 2015 to November 6, 2018 (i.e., 43,280,150 won in total as industrial accident compensation insurance benefits (i.e., temporary layoff benefits of 13,375,860 won in medical care benefits of 10,548,730 won in disability benefits of 19,355,560 won in disability benefits of 19,560 won).
[Ground of recognition] Facts without dispute, Gap 1 through 5, 10, 13, and 21 items or images, the purport of the whole pleadings
(b) The business owner who operates his/her business shall take necessary measures to prevent health disorder caused by simple repeated work or work that imposes excessive burden on human body.
(1) Article 39(1)5 of the Industrial Safety and Health Act provides that an employer shall take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, or health, as an incidental duty under the good faith principle accompanying an employment contract, and thereby, an employee violates such duty.