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(영문) 인천지방법원 2018.06.20 2016가단234745
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. By March 2016, the Plaintiff operated the Yeonsu-gu Incheon Metropolitan City D Child Care Center (hereinafter “instant Child Care Center”).

B. From October 26, 2015, the Defendant served as a nursery teacher at the instant childcare center, and was notified of the judgment on the confirmation of tuberculosis from the Jung-gu Incheon Jung-gu Hospital on November 3, 2015 (the request for inspection on September 25, 2015), and retired from the instant childcare center.

C. On November 17, 2015, the head of Yeonsu-gu Public Health Center conducted an epidemiological investigation on tuberculosis for 17 children and 5 employees of the instant childcare center, and notified the Plaintiff of the determination on the probability of latent tuberculosis for 2 children and 1 employees.

[Ground of recognition] Gap evidence Nos. 1, 6, Eul evidence No. 1-1, 2, 3, Eul evidence No. 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should not be employed as a child care teacher before being notified that there is no tuberculosis problem from the hospital of the small-scale hospital, but the plaintiff could not be employed as a child care teacher and work as a child care teacher, thereby making two children (E, F) and one employee (Plaintiff) of the child care center of this case in contact with the defendant to be infected by tuberculosis.

As a result, the plaintiff was placed in the place to enforce the responsibility of two children, etc., and was unable to engage in the operation of a child care center due to tuberculosis treatment.

Therefore, the defendant is obligated to pay consolation money of KRW 20,000,000 and damages for delay to the plaintiff.

B. The facts of recognition ① Around 2003, the Defendant was judged to be scarb tuberculosis and completely cured after receiving treatment at that time, and was on duty as a child care teacher from February 1, 2005 to February 25, 2015.

② On September 25, 2015, the Defendant visited the respiratory part of a low-income hospital with a symptoms of sound, and received medical treatment. At that time, the medical doctor in charge is cut off the right upper part of the nives of the nives.e., the nives of the nives.e., the nives of the nives.e.

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