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(영문) 인천지방법원 2020.05.19 2019가단246473
손해배상(산)
Text

1. The Defendant’s KRW 37,00,000 and the Plaintiff’s annual rate of KRW 5% from July 10, 2018 to May 19, 2020.

Reasons

1. Basic facts

A. From June 21, 2018, the Plaintiff is a worker employed in “C” by the Defendant’s secondary distribution industry.

On July 10, 2018, while the Plaintiff was on July 10, 2018, there was an accident that the Plaintiff had immediately entered into the Plaintiff’s hand while getting out of the upper part of the machinery “lost stacks” with the fiber hand.

B. In this accident, the Plaintiff suffered injury, such as cutting down the voltage of the entire right to the right part, crushing of the executives to the right part, etc.

[Reasons for Recognition: Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 6 and 7, the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. The Plaintiff asserted that he did not receive education from the Defendant on precautions and prevention of safety accidents during the operation of machinery, and that Cambodia workers, who work together, gave advice to the Defendant that he should cut off the fiber from the machinery with his hand, and thus, the Plaintiff attempted to cut off the fiber from his hand.

The plaintiff's mental damage caused by violation of the defendant's duty of care for safety is claimed for consolation money.

B. At the time of the accident, the Defendant asserted that he had been in charge of the transportation business to the packaging of products, boom, and booms produced by the Plaintiff to adapt to the Plaintiff, a foreign employee.

In addition, the place where a loaded spacker was located is not the place of the plaintiff's work, and since the spacker's spacker's spacker's spacker's spacker's s

As such, this accident is an accident caused by negligence of the Plaintiff’s arbitrary access to machines not related to his work.

C. As incidental obligations under the good faith principle accompanying an employment contract, an employer bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employee suffers loss by violating such duty.

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