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1. The Defendant’s KRW 36,549,726 as well as the Plaintiff’s annual rate of KRW 5% from August 16, 2016 to November 1, 2018.
Reasons
1. Basic facts
A. On August 1, 2016, the Plaintiff joined the Defendant Company and cut heat and packaging work.
B. On August 16, 2016, around 19:40, the Plaintiff: (a) and two persons; (b) as “B” and “B” and “B”, the Plaintiff engaged in the process of melting the heat from the shot machine into a plastic bag; and (c) the Plaintiff engaged in the process of packing the heat from the shot in the dunes of the dunes in the dunes in the dunes, and there was a situation in which the dunes attached to the dunes in the vain, vara, and vashes, and he mar up the arb
C. During the process of the Plaintiff’s work of putting the heat from the shot to the shots, the Plaintiff was pushing the shots from the shots to B. However, there was an accident that cut off the Plaintiff’s left hand 2 to 4 water from the knives of the shots near the shots.
(hereinafter “instant accident”). D.
In the instant accident, the Plaintiff was hospitalized until August 28, 2017, and received medical care and temporary disability compensation benefits pursuant to the Industrial Accident Compensation Insurance Act, and received disability benefits of KRW 46,106,280.
E. In the instant accident, the Plaintiff lost the labor ability of 2 balance I-D-2-4 10% of the left fingers, 3 balance II-34% of the 4 balance, 1-D-2-4 10% of the 5 balance, and 5 balance V-B-17% of the 5 balance, and the cost of the 13,126,210 won of the 5 balance removal is presumed to be incurred.
[Ground of recognition] A without dispute, evidence Nos. 1 through 8, evidence Nos. 1, each entry of evidence No. 1, each entrustment of physical appraisal to the Director of the Human University, No. 18 of May 18, 2018 and June 1, 2018, the fact inquiry results with the Korea Workers' Compensation and Welfare Service, and the purport of the whole pleadings.
2. Determination
A. The Defendant took safety measures as provided by the Industrial Safety and Health Act while allowing workers to cut heat and pack up and pack them using the leaflet for recognition of liability for damages.
In the instant case where there is no evidence to acknowledge that the employer was taking measures to protect the safety of employees, the Defendant is the same.