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(영문) 서울중앙지방법원 2016.07.21 2016나2405
손해배상(산)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “The Defendant Federation of the Korean Freight Trucking Services (hereinafter “Defendant Federation”)” in Chapter 3, 19, and 20, the main text of Article 420 of the Civil Procedure Act is as follows: “The Defendant Federation of the Korean Freight Trucking Services (hereinafter “Co-Defendant Federation of the first instance trial”)” and “The Defendant Samdong Islands” in Chapter 3, 3, 15, and 16, except for the case where “the Defendant” is deemed as “the Defendant,” the corresponding part of the reasoning for the judgment of the first instance is the same as the corresponding part of the judgment of the court of first instance.

2. The Defendant’s employer, as an incidental duty under the good faith principle accompanying the labor contract, bears the duty to take necessary measures, such as maintaining the human and physical environment so that an employee does not harm life, body, or health during the course of providing his/her labor, and if an employee suffers damage by violating such duty, he/she shall be liable for compensation.

(See Supreme Court Decision 9Da47129 delivered on May 16, 200). According to the above facts, the five underground floors, which are the defendant's tramway construction site, at the time of the accident of this case, were connected to the 2-4 underground floor and the 4th underground floor, where the civil engineering works are in progress, at a high risk of price reduction through the exchange mechanism. Such risks were generally predicted. As such, the defendant has a duty to take necessary safety measures, such as installing appropriate robbery, or demanding the contractor of the 4th underground floor, even if the exchange mechanism between the 5th underground floor and the 4th underground floor, to prevent the danger, the defendant does not fulfill his duty to protect the plaintiff, who is an employee.

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