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(영문) 대구지방법원 2019.07.24 2018가단9477
손해배상(산)
Text

1. The Defendant: (a) against Plaintiff A, KRW 18,571,428; and (b) against Plaintiff B and C, KRW 10,714,285, respectively; and (c) on May 7, 2015, respectively.

Reasons

1. On October 30, 2014, while Plaintiff A’s husband, Plaintiff B, and C’s husband were working for the management office of the Defendant in D apartment (hereinafter “instant apartment”), E, based on the direction of the Defendant’s representative, was subject to an accident that lost the balance of body and fell below 30cm high of 2m and lower than 30cm in the process of collecting the heat of the mother trees in the instant apartment by using a shooting bridge, ridge, ridge, etc., around 11:30 on October 30, 2014.

(hereinafter “instant fall accident”). At the time of the instant fall accident, the Defendant did not take any measures to ensure the safety of E, conducting the work on the bridge.

E, as the instant fall accident, was discovered on May 7, 2015 after receiving medical care approval with respect to “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”), E was committed suicide with himself/herself at the toilet of F Hospital Hospital on May 7, 2015, when he/she was hospitalized after receiving medical care approval.

(hereinafter “E.” On December 16, 2015, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses with the Korea Workers’ Compensation and Welfare Service on the ground that the deceased’s death constitutes occupational accidents. However, on January 20, 2016, the Korea Workers’ Compensation and Welfare Service rendered a decision on survivors’ benefits and funeral site pay on the ground that “it is difficult to deem that the deceased’s self-injury was done in a state where normal perception ability, etc. is clearly impeded.

(2) On December 8, 2016, the Seoul Administrative Court rendered a judgment revoking the instant disposition on the ground that there is a proximate causal relation between the instant fall accident and the deceased’s suicide (Seoul Administrative Court Decision 2016Guhap59805, Dec. 8, 2016).

The above judgment was dismissed by the Korea Labor Welfare Corporation's appeal against it (Seoul High Court Decision 2017Nu31851 decided June 15, 2017), and it became final and conclusive on July 8, 2017.

[Reasons for Recognition]

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