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(영문) 수원지방법원 성남지원 2018.02.06 2017가단210364
손해배상(산)
Text

1. The Defendant’s KRW 25,00,000 and the following day shall be 5% per annum from May 9, 2016 to February 6, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a juristic person whose purpose is to support the labor force of local farmers, and the plaintiff is a person who was an employee of the defendant.

B. On May 9, 2016, the Plaintiff suffered injury, such as the pelping of the ethic body emissions, the ethic blood transfusion, the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred because the Defendant, the employer of the Plaintiff, violated the duty to prevent the risk of workers, and thereby, the Plaintiff suffered injury, such as an exposure to the external body.

Therefore, the defendant should pay consolation money to the plaintiff.

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer who is liable for damages bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer is liable for compensating for damages caused by his/her breach of such duty of protection.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). According to the above facts, although the Defendant, as an employer of the Plaintiff, has a duty to improve a physical environment so as not to harm life, body, and health in the course of providing labor, and take necessary measures so that the Plaintiff, who is an employee, may not harm the Plaintiff’s life, body, and health, to consider safety, it is recognized that the Defendant did not have adequate equipment for the field

And this was caused by the accident of this case.

Therefore, the defendant is responsible for compensating for damages suffered by the plaintiff due to the accident of this case.

C. The calculation of consolation money shall be made.

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