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(영문) 춘천지방법원 원주지원 2018.12.20 2016가단31526
손해배상(산)
Text

1. The Defendants’ respective Plaintiff KRW 38,438,587 as well as 5% per annum from July 20, 2015 to December 20, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted a construction work in the E’s workplace from D Company, and again subcontracted the part of the “Installation of 20,000TN FOTING DOC satisfaction” to F.

B. F is an individual entrepreneur as the representative of Defendant C, and the Plaintiff is a worker mobilized for the non-interpreting work performed by F in the place of business of the D Company as described in paragraph (a).

C. On July 20, 2015, the Plaintiff suffered bodily injury, such as a bnding and falling down at a 7-meter height (hereinafter “instant accident”) by getting the center in the process of cutting off the pipes from the bndings, and falling down at a 7-meter radius in the process of cutting off the pipes in the bnding area, such as a safety zone, etc. (hereinafter “instant work”). The Plaintiff suffered bodily injury, such as cutting down the upper upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper part.

[Ground] Defendant C: (a) the absence of dispute; (b) each entry of Gap 1, 2, 8; and Eul 1 (including all numbers; hereinafter the same shall apply); (c) the testimony of witness G; and (d) the verification of Gap 19; (c) the result of this court’s physical examination of H Hospital Head as a result of this court’s physical examination entrustment to the H Hospital Head; and (d) the overall purport of the pleadings; (c) the confession deemed as a confession (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

2. Occurrence of liability for damages;

A. The relevant legal principles and statutes are incidental obligations under the good faith principle accompanying a labor contract, and an employer bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health in the course of providing his/her labor, and the employer is liable to compensate for damages incurred by an employee by violating such duty of protection.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). In addition, the employer assembles the vision in a case where workers might be at risk of falling or overcoming work at a place where workers might fall or fall.

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