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(영문) 부산지방법원 2016.09.01 2015가단40315
손해배상(기)
Text

1. All the claims of the plaintiffs and the successor intervenors are dismissed.

2. Of the litigation costs, the costs incurred between the Plaintiffs and the Defendant.

Reasons

1. Basic facts

A. On March 19, 1994, Plaintiff A entered the original plant of Defendant Company (hereinafter “instant plant”) and was in charge of facility management. Plaintiff B is the spouse of Plaintiff A, and Plaintiff C, D, and E are children of Plaintiff A.

B. On June 13, 2012, at around 06:25, Plaintiff A was found to have been working at night in the instant workplace and sent back to the hospital, and was diagnosed to have caused the instant disease (hereinafter “the instant disease”).

C. Plaintiff A filed a lawsuit seeking medical care benefits against the Korea Workers’ Compensation and Welfare Service, but did not accept the application, and was sentenced to the judgment in favor of the Plaintiff on August 27, 2014. The Korea Workers’ Compensation and Welfare Service appealed with Busan High Court Decision 2013Nu11345. However, in the appellate trial, Plaintiff A withdrawn the lawsuit upon receiving recommendation for adjustment of the contents of industrial accident compensation from the full bench and accepting the Plaintiff A.

The Intervenor paid the Plaintiff A, a national pension subscriber, KRW 7,716,670 in total as disability pension for the disease of this case by April 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, Gap or 12 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs and intervenors' assertion

A. The defendant, the employer of the plaintiff A, has a duty to take necessary measures in advance to ensure that workers do not suffer from overwork or stress in compliance with the provisions on work hours, rest, extension, night, holiday work, etc. in accordance with the working conditions prescribed by the law, despite the duty to take necessary measures, since June 2009, six workers per week, five workers at night, five workers at night, one at night, and four workers at night every week, and two workers at night thereafter.

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