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1. The Defendants jointly share KRW 60,000,00 to Plaintiff A, and each of them is KRW 117,126,214, respectively.
Reasons
1. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving human and physical environment, so that an employee does not harm life, body, or health in the course of providing his/her labor, and is liable for compensating for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000). In such a case, an employer is liable for compensating for damages caused by a tort in concurrence with a default liability.
(see, e.g., Supreme Court Decisions 96Da53086, Apr. 25, 1997; 2006Da25844, Jun. 1, 2007). Such a legal doctrine equally applies to an employee who is not a regular employee, not a regular employee.
B. On August 17, 2018, the occurrence of a disaster occurred on August 17, 2018, at the entrance of the apartment located in Pyeongtaek-si F, an accident that was buried by the working workers (hereinafter referred to as the “accident in this case”) due to the collapse of the soil sand of the course of the ground-breaking work for underground heating pipelines in the district heating systems constructed by Defendant D (hereinafter “Defendant Company”) at the entrance of the apartment located in Pyeongtaek-si F.
G buried in earth and sand was killed at around 12:10 on the day of the accident in this case, while playing the role of "pre-defluence of the ground-breaking" (the role of guiding the depth and direction of pipelines laid underground at the time of selling the ground) that was employed by the Defendant company for one-time duty within the diameter of 2.2m, depth 3.5m, namely, the ground-breaking working space of the depth of 3.5m.
(hereinafter referred to as “the deceased”). The Plaintiff’s wife, Plaintiff B, and C are children of the deceased.
Defendant E is the site manager at the time of the accident site of this case.
The Defendants were indicted for the following facts in relation to the instant accident at Suwon District Court Sejong District Court KRW 2019 Man-Ma196, and were charged on June 21, 2019.