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(영문) 서울중앙지방법원 2019.07.17 2018가단5017900
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Around September 15:00 on September 3, 2015, the deceased H (hereinafter “the deceased”) was an employee of I Co., Ltd., and was conducting painting maintenance and repair works at the construction site of the I Co., Ltd. located in the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, and died while treating the right knee by being injured by the kneeb.

(hereinafter “instant accident”). B.

The defendant is an insurer who has entered into a mutual aid agreement to compensate for losses suffered by the I Co., Ltd. by bearing other legal liability for damages on industrial accidents.

C. The Plaintiff D’s spouse, Plaintiff E, and F are the deceased’s children, Plaintiff A, B, and C’s siblings.

[Grounds for Recognition] Facts without dispute, entry of Gap's 1 to 3 evidence (including each number), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the deceased’s employer, and even though the Plaintiff, who works in the area where the punishment is concentrated, has a duty to prevent damage to the harmful insects, such as punishment, was negligent in doing so, and thus, the deceased caused the instant accident to be compensated for the damage therefrom.

3. As an incidental duty under the good faith principle accompanying a labor contract, an employer bears the duty to take necessary measures, such as improving human and physical environment, so that an employee does not harm life, body, or health, while providing labor. In the event that an employee suffers damage by violating such duty of protection, the relevant employer is liable for compensating for damages (see, e.g., Supreme Court Decisions 9Da47129, May 16, 200; 97Da12082, Feb. 23, 199). However, barring any special circumstance, the accident is not only related to the employee’s work, and it is anticipated that the accident is ordinarily likely to occur.

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