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(영문) 의정부지방법원고양지원 2019.09.18 2018가단94402
손해배상(기)
Text

1. The Defendant each of the Plaintiffs’ KRW 25,00,000, and 5% per annum from July 26, 2018 to September 18, 2019, and thereafter.

Reasons

1. Around 15:00 on July 26, 2018, the fact-finding network D (hereinafter referred to as “the network”) was in the process of dismantling and sorting down the laund at a height of approximately 75 cm in height of 75cm in the Defendant’s factory at the end of the work site at the end of the Defendant’s factory, while releasing the laundry from the bottom of the laundry which is caused by the laundry to the work site, and the head was faced with the bottom of the laundry at the end of 75cm in diameter.

(hereinafter “the instant accident”). The Deceased immediately sent back to the F Hospital, but on the same day, at around 22:14 on the same day, the Deceased died of low blood transfusion shock.

At the time of the instant accident, the Defendant was issued a summary order of KRW 4,00,00 (Korean Government High Court High Court High Court High Court High Court High Court High Court Decision 201Da112) on the grounds of the criminal facts violating the Industrial Safety and Health Act, which caused the instant accident, by failing to prepare a work plan for handling heavy objects, including safety measures to prevent risks, such as falling or falling, at the time of the instant accident, which could prevent the instant accident, and failing to take safety measures necessary for the prevention of industrial accidents. This order became final and conclusive.

The Plaintiffs were the deceased’s children, and received KRW 110,977,920 from the Korea Workers’ Compensation and Welfare Service.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the above facts of recognition on the board, the defendant is liable to compensate for mental damage suffered by the deceased and the deceased's inheritors due to their negligence in violation of safety measures obligation as the user of the deceased.

Furthermore, since the deceased was engaged in dismantling the laundry in the edge of the work, not in the part of the work team, but in dismantling the laundry, the deceased's negligence is also the occurrence of the instant accident and damage.

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