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(영문) 전주지방법원남원지원 2016.12.22 2016가합1197
손해배상(산)
Text

1. The Defendant’s KRW 98,256,143 as well as 5% per annum from May 27, 2012 to December 22, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is a company that manufactures and sells freezing foods. 2) The Plaintiff joined the Defendant company on April 1, 2008 and was in charge of the management of electric facilities.

3) On May 27, 2012, the Plaintiff suffered pictures attached to clothes while entering the water distribution room to conduct preparatory work to check the water distribution facility, which is an electrical facility of special voltage (1,500kw) on May 27, 2012 (hereinafter “accident”).

(i) [Facts without dispute over the grounds for recognition, the purport of the whole pleadings.]

B. The above facts are as follows, which are acknowledged based on the above facts as follows: ① Defendant Company provided regular safety education at the witness B’s testimony and provided measures to prevent the shock accident, such as conducting high-tension work at the time of education; however, the actual and specific education on the management of electric facilities at the time of education appears not to have been provided; ② Defendant Company did not pay to the Plaintiff the extension of the duration, extinguishing, and emergency warning devices necessary to prevent the shock accident at the time of education; thus, it is determined that the Defendant, as the Plaintiff’s employer, was negligent in maintaining the working environment to prevent any danger and injury to the life, body, and safety care as an employer to be protected from occupational accidents, and thus, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident.

C. In light of the fact that the negligence set-off or liability-off and the special high voltage current flow and cleaning work is highly likely to occur when entering the water distribution room, and that the Plaintiff in charge of the management of the electric facilities for a considerable period of time seems to have been well aware of such risk.

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