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(영문) 창원지방법원밀양지원 2019.12.18 2018가단13181
손해배상(산)
Text

1. The Defendant’s KRW 18,576,283 as well as the Plaintiff’s annual rate of 5% from December 6, 2017 to December 18, 2019.

Reasons

1. Basic facts

A. On June 1, 2016, the Plaintiff joined the Defendant.

B. On December 6, 2017, the Plaintiff was subject to an accident that was going on a bridge to set a brobeet (hereinafter “instant accident”) while getting on and off the bridge (hereinafter “instant work”).

C. The Plaintiff was diagnosed with an injury, such as the alley 11 and 12, and was hospitalized from December 6, 2017. Upon filing an application for industrial accident compensation, the Plaintiff was judged as Grade 7 of the disability grade on October 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 5, fact-finding results and purport of whole pleadings by this court for president of both mountainous areas of Korea Labor Welfare Corporation

2. In light of the following circumstances, the defendant can be found to have neglected to take safety measures against the plaintiff, who is an employee, despite his/her duty to take safety measures so as to avoid being injured due to fall in the course of performing the work of this case, and the plaintiff can be found to have suffered the above injury due to the occurrence of the accident of this case, so the defendant is liable to compensate the plaintiff for damages caused by the accident of this case. The defendant is liable to compensate the plaintiff for damages caused by the accident of this case.

Since the instant work is a work that needs to take up the hand by using a bridge, a person who necessarily needs to take a bridge in order to safely perform the work.

Therefore, in the instant work, the Plaintiff needs to be an assistant to support the sloping. At the time of the instant accident, all of the assistant powers at the time of the instant accident were in a situation in which the said accident could not help other duties.

B. The Plaintiff’s superior D shall be the Plaintiff.

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