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(영문) 울산지방법원 2018.11.30 2018가단731
손해배상(산)
Text

1. The Defendants jointly share KRW 65,073,222 with respect to the Plaintiff, and 5% per annum from February 21, 2013 to November 30, 2018.

Reasons

1. Occurrence of and limitation on liability for damages;

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

) Defendant B would manufacture petroleum chemical plant equipment (hereinafter referred to as “instant plant production”)

(2) On February 21, 2013, the Plaintiff was an employee who was awarded a contract with Defendant B, and the Plaintiff was an accident where the Plaintiff’s bridge between the body and the board of the pressure vessel was narrow (hereinafter “instant accident”) while manufacturing the instant facilities at the Defendant’s head office located in Ulsan-gu, Ulsan-gu, Seoul-gu.

3) In the instant accident, the Plaintiff suffered injuries, such as the right-side save and the non-save, and was awarded disability ratings by the Korea Workers’ Compensation and Welfare Service to grade IV. [In the instant accident, there is no dispute over the grounds for recognition, the entries in Gap’s evidence 1 through 4, Eul’s evidence 1 and 2, and the purport of all pleadings.

B. According to the above facts, Defendant B should have thoroughly conducted safety education so that workers can work safely as the Plaintiff’s employer and thoroughly taken necessary measures for the prevention of safety accidents, such as assigning safety officers. However, there is a failure to comply with this. (2) Generally, there is no relationship between the contractor and the contractor, and the contractor does not have any duty of direction and supervision. Thus, the contractor is not liable as an employer for illegal acts committed by the contractor or his employees.

However, in the case of a labor contract such as the case where a contractor directs a contractor to perform a specific act, or a person who has subcontracted a part of a construction work has reserved the right of specific direction and supervision, and where he/she re-subcontracts only the part of the construction work to a contractor while supplying it, the contractor and the contractor are in substantial relationship with the employer, and the contractor are in actual relationship with the employer, the contractor and the contractor provide labor.

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