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(영문) 의정부지방법원 2016.01.12 2014가단1256
손해배상(산)
Text

1. The Defendants jointly share KRW 92,160,217 with respect to the Plaintiff, and the period from November 3, 2012 to January 12, 2016.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff is Defendant Masung Construction Co., Ltd. (hereinafter “Defendant Masung Construction”).

A) The construction site designated by Defendant Masung Construction Co., Ltd. (hereinafter “Defendant Masung Construction”) under employment on October 15, 2012 is the construction site designated by Defendant Masung Construction Co., Ltd. (hereinafter “Defendant Masung Construction”).

(B) On the ground C neighborhood living facilities and storage facilities (hereinafter referred to as “instant construction”) at the time of two weeks, which are the contractor.

(2) On November 3, 2012, the Plaintiff was dispatched to construction workers at the construction site. On November 3, 2012, when the Plaintiff was engaged in the work of installing a sn beam beam line falling under the framework of the building at the construction site of the instant construction site, there was an accident in which the Plaintiff sustained injury, such as the instant accident (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

B. 1) An employer is obligated to take necessary measures, such as improving the human and physical environment, so that an employee does not harm life, body, and health in the course of providing labor, as incidental duties to the good faith principle accompanying a labor contract, and is liable for compensating for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decision 9Da56734, Jul. 27, 2001).

Therefore, the employer should create a safe working situation when working in a dangerous place as above, and conduct safety education that can cope with accidents by forecasting the occurrence of safety accidents in the event of accidents.

However, the plaintiff is a safety accident in addition to the overall purport of the pleadings by Gap evidence Nos. 7 and 9 (including paper numbers) and video.

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