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1. The Defendant’s KRW 17,348,472 as well as the Plaintiff’s annual rate from March 4, 2016 to May 21, 2019.
Reasons
1. Basic facts
A. On November 5, 2012, the Plaintiff was employed by the manufacturer of the new bottom of the trade name “D” located in Gangseo-gu Busan Metropolitan Government, and was engaged in press machine operations. The Defendant is a person who operates the said place of business and employs the Plaintiff.
B. On March 4, 2016, at around 13:20, the Plaintiff suffered bodily injury, such as cutting down the Plaintiff’s fingers into the press machine, cutting down the 1 balance of the water part on the right side, and damaging the pressure 2 balance of the water part on the left side, etc. due to the occurrence of an accident involving the Plaintiff’s fingers in the press machine.
(hereinafter referred to as “instant accident”). C.
Since March 4, 2016 to December 30, 2016, the Korea Workers' Compensation and Welfare Service deemed the instant accident as an occupational accident occurred at the Defendant's workplace, and recognized the Plaintiff's medical care period as the period from March 4, 2016 to the period from December 30, 2016, and paid the Plaintiff KRW 56,815,460 in total of 11,029,029,90, and disability benefits 29,591,110.
In relation to the instant accident, the Defendant was prosecuted for the crime of injury by occupational negligence (this Court Decision 2018 High Court Decision 63), and on February 15, 2018, on the ground that “The Defendant was sentenced to a fine of two million won on the ground that the Defendant was sentenced to a fine of two million won on the ground that the Defendant was negligent in performing his duty of care to prevent the said accident by repairing or replacing the said machinery, or providing safety education to workers, even if it was sufficiently anticipated that the physical condition of workers, such as the Plaintiff, could have been caused by the malfunction of the machinery, and thus, the said judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Gap evidence 11 to 3, Eul evidence 3 to 5, the purport of the whole pleadings
2. Whether liability for damages arises;
A. The parties’ assertion.