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(영문) 대구지방법원 2016.08.11 2014가단1055
손해배상(산)
Text

1. The Defendant’s KRW 22,524,728 with respect to the Plaintiff and KRW 5% per annum from August 26, 2012 to August 11, 2016.

Reasons

1. Facts of recognition;

A. The Defendant is a company engaged in the manufacturing and processing of automobile parts.

B. The Plaintiff, who is a Sri Lankan national, entered into a labor contract with the Defendant who was permitted to employ foreign workers pursuant to the Act on the Employment, etc. of Foreign Workers, and has been working as presses in the factory operated by the Defendant from December 7, 201 to his domicile.

C. Within the Defendant’s factory, there were several representative machinery including five presses, and the Plaintiff was working as 2 bridge a day and processed by inserting the materials of the automobile parts in the press box. D.

On August 26, 2012, at around 06:0 B-2, the Plaintiff was faced with an accident that caused the loss of the Plaintiff’s 1,2,3,4,5 hand knicked between the upper half of the presses on the wind and the upper half of the presses (hereinafter “instant accident”).

E. On the five press presses of the Plaintiff’s workra, one person responsible for each machine is placed, and in the first press presses of the said productionra, if the number of 2 presses exceeds 3,4, and 5 presses the two presses, one of the parts is completed in the order of 3, 4, and 5 presses. The Plaintiff was working exclusively for the presses of Pyeongtaek B-3, but at the time of the accident, the worker dedicated to B-2 presses in the next B-2 presses moved to B-2 presses, and was faced with the instant accident.

F. Two presses, where the Plaintiff’s work entered the part where foreign substances other than the motor vehicle parts are tensiond, the automatic safety center has operated to stop its operation. However, at the time of the instant accident, all of the safety devices in the B-2 was taken out.

[Ground of recognition] A.

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