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(영문) 수원지방법원성남지원 2020.11.11 2020가단212018
손해배상(산)
Text

The Defendant: (a) KRW 9,00,000 to Plaintiff A; (b) KRW 7,000,000 to Plaintiff B; and (c) from June 2, 2018 to November 11, 2020.

Reasons

1. Determination on the cause of the claim

A. On September 29, 2017, the Defendant entered into a construction contract with D Co., Ltd. to accept a subcontract for a funeral work among “F New Construction Works” ordered by D Co., Ltd. to a medical corporation, and performed the said construction work. 2) G (hereinafter “the deceased”) is a daily worker at the construction site employed by the Defendant.

On June 2, 2018, at around 14:10, the Deceased died on January 19, 2019, when he was engaged in the work of laying down a tent mast on the hallway section of the Dong Medical Center at the entrance of the hospital, and was killed due to serious injury, such as brain fladism, both sides, -dub-side - side fladrop, fladrosis, eropoly, and mathrosis.

3) At the time of the above work, the Defendant did not provide the Deceased with safety protective outfits, such as safety caps and safety belts, and did not conduct education on wearing safety caps. 4) The Plaintiff’s spouse, Plaintiff B, as the deceased’s children, was the inheritor.

[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings

B. According to Article 38(3) of the Industrial Safety and Health Act, a business owner shall take necessary measures to prevent industrial accidents that may occur in the course of his/her work at a place where workers might fall down. However, as acknowledged earlier, the Defendant did not pay safety caps during his/her work at the risk of fall, and did not provide the Deceased with education on wearing safety caps. In the event the Deceased’s death was caused by serious injury in the two parts at the time of his/her fall on the shooting board, there is a proximate causal relation with the Defendant’s breach of the duty to take safety measures. (2) Accordingly, the Defendant is liable to compensate the Plaintiffs for emotional distress caused by the death of the Deceased, as claimed by the Plaintiffs.

The deceased's death caused the death, the danger of the work performed by the deceased at the time of the accident, and the Defendant's safety measures.

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