logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.02.20 2017가단241141
손해배상(산)
Text

1. The Defendant’s KRW 18,086,772 as well as 5% per annum from June 4, 2016 to February 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On June 2, 2016, the Plaintiff (Cirs and males) was employed at the site of the “Building Project for the Building of the Building in Mancheon D’s Location,” which the Defendant started, and was employed from that time as a daily tree number at the same construction site.

B. On June 4, 2016, around 13:30 on June 4, 2016, the Plaintiff was involved in an accident where the water pumps installed while installing external water pumps at the construction site were collapsed and the body was covered (hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff received surgery and hospitalized treatment by suffering injury from the injury of the 4th century pressure pressure table, the left-hand slot, and the side ion fever within the left-hand slot, but suffered permanent disability equivalent to 24% of the physical disability rate (V-D-2-b item in the assessment of Mabrid spine spine disability).

On June 21, 2016, the Plaintiff filed an application for medical care benefits, etc. with the Korea Labor Welfare Corporation, and received KRW 24,497,340 as temporary layoff benefits, KRW 8,862,720 as medical care benefits, and KRW 19,11,40 as disability benefits.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, result of the physical examination request to the E Hospital Head of this Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The defendant, as an employer of a construction work, bears the duty to prevent industrial accidents as well as the duty to protect workers and to ensure safety.

However, as can be seen through the testimony of witness F and G, the construction site of this case was sufficiently anticipated that the construction site of this case is likely to collapse in the event that the construction of the water pumps is installed in excess of the height of the steel bars because the steel works capable of supporting the water pumps are not sufficiently performed, even though the defendant ordered the plaintiff to install the water pumps at a height of three parts. Accordingly, after the plaintiff accumulated the water pumps at a height of two parts, the defendant is bound to fix it using the pipe.

arrow