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(영문) 서울남부지방법원 2015.09.25 2013가단220436
손해배상(산)
Text

1. The Defendants shall jointly:

A. The Plaintiff’s KRW 157,475,637 and the year from April 3, 2012 to September 25, 2015.

Reasons

1. The following facts do not conflict between the Parties:

Defendant B (hereinafter “Defendant Company”) is a corporation with the purpose of gold-type and metal structure processing and assembly business, and Defendant C is an internal director and director of the Defendant Company and an internal director and director of the factory. The Plaintiff is a person who was employed and worked for the Defendant Company on March 1, 2012.

B. On April 3, 2012, the Plaintiff: (a) around 13:00, when processing steel plates, which are materials installed at Defendant Company’s factory, and the steel plates were not properly transferred within the press outlet due to steel sculptures, etc.; (b) sought to collect and remove the presses by inserting the presses without turning all of the presses; and (c) as the fee worker called “D” in the Thailand’s nationality gets under the presses where the presses put put place place place place in the presses; and (d) the Plaintiff’s right completion (hereinafter referred to as “instant accident”). At present, the Plaintiff cut off the right hick (hereinafter referred to as “D”).

C. On April 18, 2013, the Plaintiff, who suffered from the disability under class 5-2 due to the instant accident, filed a claim for a disability pension with the Plaintiff’s successor, and accordingly, the Plaintiff’s successor paid a disability pension of KRW 6,514,410 to the Plaintiff by August 2015.

2. Occurrence of liability for damages and limitation on liability;

A. Article 23(1) of the Industrial Safety and Health Act provides an employer with a duty to take safety measures necessary to prevent risks when running a business, and an employer is obligated to take necessary measures, such as improving human resources and physical environment, so that an employee does not harm life, body, and health in the course of providing his/her labor, as a matter of the good faith principle accompanying the employment contract.

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