logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2021.02.18 2019가합409943
손해배상(산)
Text

1. Defendant F: (a) each of the Plaintiffs’ KRW 110,833,330; (b)

(a) From October 12, 2019 to KRW 90,833,30, respectively.

Reasons

1. Basic facts

A. The deceased G (H life, hereinafter “the deceased”) is a person employed as a part of daily work.

B. At around 12:40 on September 21, 2016, the Deceased died of an accident (hereinafter “the accident in this case”) involving the steel structure he owns (4.2m in width, 2.5m in length, 1.5m in thickness, 1.5m in weight, 1.5m in weight) while the Defendant Company (the representative director, Defendant E) located in C&I and the Defendant Company (the representative director) was engaged in the installation of a board for the earth of aggregate screening line. On the same day, the Deceased died of the steel frame at 13:13m in person as a private person.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1, 4, and 5 (including a number; hereinafter the same shall apply) and the purport of the whole pleadings

2. With respect to the instant accident in which the deceased died, the Plaintiffs asserted that ① each of the Defendants’ damages amounting to KRW 26,66,66,60 [the Plaintiffs of KRW 16,66,60, each of the inheritance portion of the deceased’s damages amounting to KRW 50,000,000, and claim the above money calculated according to the inheritance ratio of 1/3.

The Plaintiffs’ consolation money amounting to KRW 10,00,000 for each of the Plaintiffs. ② The Defendant Company primarily as the user of the deceased person, and the Defendant Company as the user of the deceased person; and ② Articles 82 and 83, and 82, and 82, of the Labor Standards Act (Survivor’s Compensation) (1) In the event a worker dies in the course of performing his duties, the employer shall without delay compensate his bereaved family members of the amount equivalent to the average wage of KRW 1,00 for 1,00.

(2) The scope of bereaved family members, the order of priority in compensation for bereaved family members, and the order of priority in compensation where a person determined to receive compensation dies under paragraph (1) shall be prescribed by Presidential Decree.

When a worker provided in Article 83 dies in the course of his/her duties, the employer shall, without delay, pay funeral expenses equivalent to the average wages of 90 days after the worker dies.

90,833,330 won for bereaved family compensation and funeral expenses under the following [the bereaved family compensation amounting to KRW 250,000 for bereaved family compensation] 22,50 for funeral expenses.

arrow