1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff sought payment of KRW 50,251,913, future medical expenses, KRW 500,00, and KRW 11,264,00, respectively, of the Plaintiff’s lost income damage caused by the instant accident as seen below against the Defendant. The first instance court recognized only part of the claim for consolation money, and dismissed all the remainder of the claim.

Since only the defendant appealed against this, the scope of the trial of this court is limited to the consolation money.

2. Determination

A. On January 29, 2016, the Defendant instructed the Plaintiff, who is an employee of the Defendant, to take measures when the water supply of the Defendant’s building in Yangsan-si was suspended.

B) Accordingly, in order to verify the water level of a water tank (two meters high) installed on the rooftop of the above building at around 10:00 on the same day, the Plaintiff, alone, laid the roof on the water tank over the water tank with a moving-type bridge extending over the water tank, cut down to the uppermost of the water tank with the rooftop floor, and suffered injury, such as the upper right-hand dulververging, etc. (hereinafter “instant accident”).

(2) The employer, as an incidental duty under the good faith principle attached to an employment contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health, and is liable to compensate for damages to his/her employee by violating such duty.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001, etc.). According to the above facts, the Defendant, as an employer of the Plaintiff, maintains a physical environment so that the Plaintiff, who is an employee, does not harm the life, body, and health of the Plaintiff, and takes necessary measures to ensure safety.