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(영문) 부산지방법원 동부지원 2021.01.13 2019가단211524
손해배상(산)
Text

1. As to the Plaintiff’s KRW 46,250,00 and KRW 35,000 among them, the Defendant shall start on October 9, 2017, and the remainder 11,250.

Reasons

1. Facts of recognition;

A. The Defendant is a company running gold-type manufacture and sales business, and gold-type processing business, etc., and the Plaintiff is a person employed from around February 20, 2017 to provide labor.

B. On October 9, 2017, around 09:00, the Plaintiff was engaged in steel processing at the Defendant’s factory located in Gangseo-gu Busan Metropolitan Government C.

The Plaintiff completed the processing work on one side of the steel board, the weight of which is approximately 600 km, followed by cutting the iron bars (f) on two sides of the steel board in order to continue to work on the opposite side, connected the steel string and the ceiling straw, and then tried to reverse the steel board using the ceiling strings.

In that sense, while being followed by the steel plates, the steel bars in the shape of one hole (hereinafter “the steel bars in this case”) were laid away from the steel plates, and the fixed log was separated from the steel plates, and thereby the steel plates fell down to the Plaintiff’s right edge (hereinafter “accident”).

The plaintiff suffered injuries, such as the cutting of the credit on the right side and the pressure trapped to the right side due to the accident of this case.

[Grounds for Recognition: Evidence Nos. 1 through 13, Evidence Nos. 1, 2, 6, 8, and 9, and the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. The Defendant, which recognized liability for damages, shall, when having the Plaintiff conduct the work to reverse the steel board, which is a heavy object, restrict the method of work so that the steel board, during the work process, may not be separated from the cranes, to enter into a solid connecting part. Article 23(2) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019) provides that the business owner shall take necessary measures to prevent hazards caused by bad work methods, etc. when performing the work to handle heavy objects.

The obligation to take safety measures under the employment contract.

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