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(영문) 수원지방법원성남지원 2020.02.13 2018가단231627
손해배상(산)
Text

1. On April 12, 2017, the Defendant: (a) against Plaintiff A, the amount of KRW 14,000,000, KRW 8,000,000, and each of the above amounts to Plaintiff B and C.

Reasons

1. Facts of recognition;

A. The plaintiff A is the spouse of the deceased E (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

B. The Deceased, at the site of the construction site of the F apartment construction site of Ansan-si, was a worker of H Co., Ltd. (hereinafter “H” and “H”) who was jointly constructed with the Defendant Company (hereinafter “G”), and was in charge of electrical construction on April 12, 2017. On April 12, 2017, the Deceased completed electrical construction work on the 18th floor of the said construction site, and died from the cresh caused by the 19th heading of the 19th floor to board the lifts (hereinafter “the instant lifts”). On the same day, the Deceased Hospital located in J in Seongbuk-si, at the 11:50 of the same day, died due to the string of open frame, etc.

C. L belonging to the Defendant Company, the site manager at the instant construction site, installed a set for construction work in order to facilitate the movement of workers at the said construction site. Workers at the construction site used the set for the work of both the Defendant and G workers. Workers at the construction site transported any object not in compliance with the standards for work convenience by using the set, or in the process, transported the locking system by using the set-gate locking system at the set-gate, etc. while the locking system is closed. However, in the case of removal of the entrance locking system, even if the entrance door door is opened, the suspended set can be operated by the door door from other floors.

Since there is a case of using a lifts after one another, the worker's act such as the removal of locking device was prevented in advance, and violated the duty of care to safely maintain and manage the set, and thereby, the crime of death by occupational negligence is committed.

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