logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.09.22 2016가단300939
손해배상(산)
Text

1. The Defendant’s KRW 34,385,361 as well as 5% per annum from April 8, 2015 to September 22, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 23, 2014, the Defendant is an individual entrepreneur engaged in manufacturing business, such as automobile parts, with the trade name “C”, and the Plaintiff (a person with 17-year presses work experience) joined the Defendant company and engaged in production management affairs.

B. The Defendant Company has manufactured automobile parts using presses machines, and in the inside of the presses machine, metal materials are stored due to repeated work, and in this case, the workman should clean the presses machine by stopping it and spraying water on the parts inside the presses machine.

C. On April 8, 2015, while the Plaintiff was working at the Defendant Company’s workplace, at around 04:00, the Plaintiff stopped the press machine for cleaning and operated the machine in a situation near the press machine, which was outside the left hand hand of the press machine, caused an accident where the Plaintiff scambling the pressing, and scambling the left hand and scambling between the upper and lower-type gold. Accordingly, the Plaintiff suffered injury, such as damage to the water pressure 1,5 water pressure on the left hand.

(hereinafter referred to as "the disaster of this case") d.

The Plaintiff received respectively KRW 16,253,040 of temporary layoff benefits, medical care benefits of 7,04,030 of 7,044,030 of disability and 49,387,930 of disability through the period of medical care from April 8, 2015 to October 6, 2015, upon receiving the determination of an industrial accident from the Korea Labor Welfare Corporation due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, each entry and video (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the Defendant, as an employer, takes necessary measures, such as installing protective devices with functions corresponding to the type of presses, pressure ability, the number of divided administration, the length of administration, and working methods, so that part of the body of workers working using presses may not enter a dangerous system.

arrow