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The defendant is 57,917,413 won to the plaintiff and 5% per annum from July 1, 2017 to March 25, 2021, and the following.
Reasons
1. Facts of recognition;
A. From June 2017, the Plaintiff, who had the nationality of business Bbes, served as a daily worker at the Defendant’s factory located in Gwangju Mine-gu.
B. On June 30, 2017, the Plaintiff had engaged in the work of paying holes to steel materials using the hydrotension presses operated at the source of power. On the presses around 08:37, the Plaintiff was subject to an accident that was carried out by the presses by going through the string location while oil buried at the presses, which was located before the work, was cut off by a stick, and the damage was divided by the presses (hereinafter “instant accident”).
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5, 8, and 14, the result of the verification by this court, the purport of the whole pleadings
2. Determination
A. 1) An employer liable for damages is an incidental duty under the good faith principle attached to the labor contract, and is obligated to take necessary measures, such as improving physical environment, so that a person being employed does not harm his/her life, body, and health during the course of providing labor, and is liable for compensation in the event a person being employed was damaged by violating such duty of protection (see Supreme Court Decision 97Da12082, Feb. 23, 199). Upon recognition, the following circumstances are revealed in full view of Gap evidence No. 15, Eul evidence No. 2 (including numbers), witness E’s testimony and change, and the overall purport of the testimony and change of witness E. In other words, the Defendant did not provide sufficient safety education to the Plaintiff while having the Plaintiff work for a steel tent with a high risk, and the Defendant did not neglect the Plaintiff’s duty of protection in accordance with a contract.
Thus, the plaintiff is responsible for compensating for damages incurred by the accident of this case.
2) Limitation of liability, provided that this Court has verified the recognition of liability.