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(영문) 전주지방법원 2017.12.01 2017가단6865
손해배상(산)
Text

The defendant is either KRW 8,810,000, KRW 3,000,00 to the plaintiff Eul, and KRW 1,000,000 to the plaintiff C and D, respectively.

Reasons

On December 19, 2014, the plaintiff A had worked in the E Apartment Construction Site performed by the defendant company on the fact that the liability for damages was established.

Plaintiff

A, in order to move the s team candices by using other athletes, fixed the s team candices to the lifts of the other athletes, and had other athletes enter it.

However, an accident occurred that the plaintiff A fell into the first underground floor by hanging the Sscow in the air by hanging it to the other workshop, and being pushed the plaintiff A, and then the plaintiff fell into the first underground floor.

(B) No. 2-1, hereinafter “instant accident”). Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A.

(No. 1). The accident location in which liability was established is a place with a falling risk, and thus, the defendant was obligated to take necessary measures to prevent the fall of workers during work by installing safety risks, etc.

(Article 23(3) of the Industrial Safety and Health Act, and Article 42 of the Rules on Industrial Safety and Health. Nevertheless, the Defendant did not take any measures to prevent work workers from falling at the accident site of this case. Therefore, it is reasonable to deem that the Defendant did not perform its duty to protect employees.

Therefore, the defendant is liable to compensate the plaintiffs for damages caused by the violation of protection duty or tort.

The defendant asserted that the safety distress was installed to prevent the fall at the accident site of this case, but temporarily dismantled the safety distress for other work.

(No. 4) However, the obligation of the business owner to take measures necessary to prevent falling only on the part of the defendant's convenience cannot be temporarily exempted.

If there is a need to dismantle safety accidents, separate measures to prevent falling should have been taken to supplement them, and breach of protection obligation unless it is fully done.

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