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(영문) 서울남부지방법원 2019.10.02 2018가단233932
손해배상(산)
Text

1. The Defendant: (a) against Plaintiff A, KRW 10,189,985, KRW 25,057,686, and each of the said amounts to Plaintiff B, and KRW 25,057,686, respectively, on December 12, 2017.

Reasons

1. Facts of recognition;

A. The parties concerned 1) The defendant is a corporation established for the purpose of manufacturing and selling cement brick block, and has a brick factory in Suwon-si E. 2) The network F (G students, hereinafter “the network”) is a worker who entered the defendant’s brick factory on May 10, 2017 and was in charge of manufacturing brick as a factory site. The plaintiff is the deceased’s spouse, plaintiff B and C. The plaintiff is the deceased’s children.

B. (1) On December 12, 2017, the Deceased’s Death Report No. 1) around December 11, 2017, the Deceased’s concrete mixing machine at the Defendant’s brick plant (hereinafter “instant mixing machine”).

(ii) When cement, sand, etc. were mixed with water due to the trouble in the control tower valves, and the mixing ratio was not consistent, the body was put into the mixing machine of this case and water was spreaded into the fitness. (ii) However, while the Deceased was engaged in the work of spreading water as described in the above paragraph (1), it was connected to the mixing machine of this case with the deceased, while the revolving day inside the mixing machine of this case was flicked, and the Deceased was sent to H hospital by the 119 rescue team, but the deceased died with a water quality and open pelkeel on the same day (hereinafter referred to as the “instant accident”).

C. On September 6, 2019, at the time of the instant accident, the Defendant and the Defendant’s representative director I convicted the deceased of violating occupational duties and the Occupational Safety and Health Act as to criminal facts, such as: (a) in the event there is any malfunction in the machine in the process of manufacturing bricks and other works; (b) in the process of resolving the problem; or (c) in the safe state by blocking all mixing machines; and (d) in the process of safe operation; (b) in the process of installing a lid so that a separate key can not be classified without permission; and (c) in the event of an occupational duty to prevent the death of the deceased, the Defendant and the Defendant’s representative director I committed a violation of occupational duties and the Occupational Safety and Health Act.

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