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(영문) 서울동부지방법원 2020.10.16 2018가단121456
손해배상(산)
Text

1. The Defendant’s KRW 18,412,705 with respect to the Plaintiff and KRW 5% per annum from December 26, 2013 to October 16, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) While the Plaintiff was employed by the Defendant who operates the Recycling Center in the name of “C” and was in charge of waste treatment in the said place of business, the Plaintiff: (a) performed the work of crushing the ice pumps using the crushing machine installed in the said place of business on December 26, 2013; and (b) removed foreign substances with the upper part of the blade in order to remove these substances contaminated with the blade, while removing them from the body of the body of the Plaintiff, and then cut down the Plaintiff’s son and the left side leg in order, and then cut down down the left part and the land level (hereinafter “instant accident”).

(2) As to the instant accident, the Plaintiff was paid KRW 40,171,60 as temporary layoff benefits for the period from December 26, 2013 to July 31, 2017, and was determined as class 7 of the disability grade and was paid disability compensation annuity from August 1, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, Eul’s video and the purport of whole pleading

B. According to the above recognition and scope of liability, the Defendant neglected to provide the Plaintiff with the duty of thoroughly educating the removal work after stopping the operation of the crushing machine, since it is very dangerous for the Plaintiff to go up to the upper part of the crushing machine during the operation of the crushing machine. Thus, if the Plaintiff, an employee, seeks not to go up to the upper part of the crushing machine while operating the crushing machine, and remove foreign substances from the upper part of the crushing day, it is recognized that the Defendant neglected to provide the Plaintiff with the duty of thoroughly educating the removal work.

Therefore, the defendant is liable to compensate for the damages suffered by the plaintiff, who is an employee, due to the accident of this case.

(c) limitation of liability, however, in the case of the plaintiff, the plaintiff should have discontinued the operation of the crushing machine if foreign substances are fluored, and have been engaged in the removal of foreign substances, but in the operation of the crushing machine, it shall be located at the top of the crushing machine.

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