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(영문) 인천지방법원부천지원 2019.02.15 2018가단105363
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the deceased's spouse of the deceased E (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

B. On January 1, 2015, the Deceased, who was employed by the Defendant, was engaged in the construction of G apartment at the construction site of G apartment located in Busan Metropolitan City F from May 15, 2016, and was living in H apartment I, a company company, which was prepared in the vicinity of the construction site, separate from his family residing in Busan Metropolitan City.

From August 1, 2016, the deceased was concurrently engaged in the work of site construction of machinery at the J apartment construction site in Gangwon-gu, Gangwon-gu, and promoted to the Vice-head on March 1, 2017.

C. On March 25, 2017, at around 11:26, the work day, the Deceased made a telephone conversation with children on the condition that “I would am at the hospital because I are not in good body,” and the contact was cut off. On March 26, 2017, Plaintiff A opened the company house of the Deceased and discovered the Deceased who was used on the floor without having been killed.

The police terminated the case of death on the ground that the deceased's death suspicion is not discovered, and the deceased's accurate person cannot be identified because the autopsy is not carried out.

E. The Plaintiff, a bereaved family member, was paid the bereaved family’s benefits and funeral expenses in the lawsuit of revocation of the non-payment of the bereaved family’s benefits and funeral expenses by Seoul Administrative Court 2017Guhap75354.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10, Eul evidence Nos. 1 through 3 and 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1 is obligated to create a pleasant working environment and improve the working conditions so as to reduce physical skin and mental stress, etc. of the deceased who are workers under the Occupational Safety and Health Act, and despite the duty to take safety measures to maintain the deceased's health according to his/her labor contract with the deceased, the deceased's death caused the death of his/her occupational fruit and stress.

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