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(영문) 창원지방법원밀양지원 2017.12.20 2016가단12238
손해배상(산)
Text

1. The Defendants jointly share KRW 210,321,168 with respect to the Plaintiff and the period from March 19, 2014 to December 20, 2017.

Reasons

1. Liability for damages;

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) At around 10:00 on March 19, 2014, the Plaintiff, while working for the Defendant Company, was in charge of the business of operating crushing devices, such as inserting the waste vinyl, which was collected by the operation of the crushing devices, which was carried out from around September 28, 2010, after the Plaintiff retired from office as the representative director of the Defendant Company. (2) On the part of the Defendant Company, the Plaintiff, while working for the Defendant Company, was in charge of the business of operating the crushing devices, without all of the repair of the waste vinyl scrap scrap in the Defendant Company, entered the vehicle on its own, repaired the waste plastic scrap scrap, and then cut down both legs by operating the waste plastic scrap scrap devices which was voluntarily stopped. Accordingly, the Plaintiff suffered a diverse of the credit cutting, the left-hand end 2, 4, and 5th heading down on the upper end of the horizontal frame, and the opening dives of the lower end.

(3) On January 6, 2015, Defendant C issued a summary order of KRW 4,00,00 as a violation of the Occupational Safety and Health Act to Defendant C’s criminal facts that “In the event that he/she had a worker perform the repair work of a closed vinyl scraper, he/she shall designate safety rules and conduct safety education, and in the absence of any dispute over the facts, he/she shall stop the operation of machinery by means of unloading all of the relevant machine, and cause the instant accident to occur while he/she has placed a safety manager around the surrounding area,” and the crime of causing occupational injury and the violation of the Occupational Safety and Health Act; “Defendant C, the representative of the Defendant company, violated safety measures to prevent danger under the Occupational Safety and Health Act”; “Defendant C, the representative of the Defendant company,” issued a summary order of KRW 4,00,00 as a penalty for violation of the Occupational Safety and Health Act; the summary order became final and conclusive at that time.

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