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(영문) 수원지방법원 2018.06.21 2017가단527236
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation that carries on the passenger transport business by a motor vehicle, such as urban bus transport business and cross-city bus transport business, and the Plaintiff was employed by the said company as a driver on June 14, 2015 and retired on June 24, 2016.

B. On July 6, 2016, the Plaintiff: (a) was hospitalized at C hospital located in the emulative City B, for hospitalized treatment from July 6, 2016 to January 25, 2017; and (b) was hospitalized on February 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the difference between the driver’s seat and the adjustment device is too high, resulting in an accident, such as heavy stress, such as heavy stress, such as heavy stress, caused by moving the cler, brack, and X-cellate in a vertical direction, and concentration of the lower load in a vertical fashion, while getting the Plaintiff to engage in driving service for a long time.

The above accident is caused by a mistake in violation of the Defendant’s duty to protect the health disorder under the good faith principle or the duty to take measures to prevent health disorder under the Occupational Safety and Health Act. As such, the Defendant is obligated to compensate the Plaintiff for damages (the daily income, king treatment expenses, future treatment expenses, nursing expenses, and consolation money).

B. Determination 1) An employer, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty 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, and is liable to compensate an employee for damages incurred by violating such duty (see, e.g., Supreme Court Decision 9Da47129, May 16, 2000). Moreover, as an incidental duty under the good faith principle accompanying a labor contract, an employer is an employee.

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