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(영문) 수원지방법원평택지원 2020.03.18 2019가단56751
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from October 31, 2018 to March 18, 2020, and thereafter.

Reasons

1. Basic facts

A. The Plaintiff is a person who worked in the management office located in Pyeongtaek-si B (hereinafter “instant management office”) operated by the Defendant as a daily employee, and was placed in the cleaning work of the valleys established in the instant management office.

B. On October 28, 2018, around 13:03, the Plaintiff was engaged in cleaning the valley of the instant management office. However, after the point of time D employees of the instant management office, it was necessary to verify whether there was a person who was a celebryr before operating the celebrative equipment to operate the celebrative equipment after the point of time, and there was an accident that caused the Plaintiff’s celebal cutting and pressure damage that requires four weeks of treatment by sticking to the celebrative equipment operating the celebrative equipment (hereinafter “instant accident”).

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

2. According to the above facts, an employer is obligated to improve a physical environment and take necessary measures so that an employee does not harm life, body, or health in the course of providing labor. Such duty of protection is an incidental duty recognized under the good faith principle in light of the special nature of an employment contract, and an employer who violates such duty is liable to compensate for damages caused by a tort against an employee (see, e.g., Supreme Court Decisions 96Da53086, Apr. 25, 1997; 2000Da7301, Nov. 26, 2002). The Defendant is reasonable to deem that the Defendant caused the instant accident due to negligence, which caused the Defendant’s employee’s failure to verify whether the Plaintiff was an employee in the valley, and that the Plaintiff sustained injury therefrom.

However, the plaintiff also manufactures the valleys.

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