logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.11.14 2018나25953
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance (1. recognized facts). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. 1) An employer is obligated to take necessary measures, such as improving the human and physical environment, so that an employee does not harm his/her life, body, and health, as an incidental duty to the principle of good faith accompanying the labor contract, and is liable to compensate for damages to an employee by violating such duty of protection (see, e.g., Supreme Court Decision 9Da47129, May 16, 200). 2) The following circumstances, namely, ① the instant private bridge was used for a limited purpose, such as not just a general passage, but also an emergency situation, and the result of inquiry into the C corporation of this court, and the entire purport of oral argument, are considered as follows: (a) the use of the instant bridge was not limited despite its completion; (b) the employees, including the Plaintiff, moved through the instant bridge; and (c) the employees, including the Plaintiff, did not have any choice but to move through the instant bridge during the process of building up the bridge to the extent of the safety facilities using the bridge, and thus, were not necessarily used for the instant employees’ safety facilities.

arrow