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(영문) 울산지방법원 2015.07.01 2014나11024
손해배상(산)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff worked as an employee of the Defendant from January 1, 2005 to April 9, 2012.

B. On November 23, 2009, the Plaintiff suffered injury, such as a pressure trail, etc., by shocking down the Plaintiff’s right arms and hand, while replacing a set of 6 tons of nives under the bottom of the nives machine at the Defendant Company’s workplace, while the nives set up in the nives type, which fell below the lower part of the reward.

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

Since the amount of gold in this case is approximately 200 km, the amount of gold in this case should be fully withdrawn from the machinery with equipment, such as forkless cars, etc., in order to safely replace the width under its supervision.

However, since the replacement work has long been conducted in such a way, the employee belonging to the defendant has been placed in the form of monetary reward.

At the time of the instant accident, equipment, such as fork-cars, was not properly prepared at the work site, and the Plaintiff was faced with the instant accident while putting the down-type in a monetary reward in order to promptly replace the ganer in such circumstances.

E. The Defendant did not provide sufficient education and supervision to prevent his employees from performing the replacement work in a dangerous manner as seen above, and did not install safety devices to prevent any fall in the form of monetary reward from falling off. In addition, the Defendant did not install safety devices to prevent any fall in the form of monetary reward from falling off.

[Ground of recognition] Unsatisfy, Gap evidence 3-3-6, Eul evidence 1, Eul's video, Gap's witness C, party witness D, and E's testimony and purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the accident of this case is not equipped with the equipment such as the fork trucks that can withdraw the down payment type, and safety devices that prevent the down payment type from falling off from the prize type, and safety education and work supervision.

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