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1. The Defendant’s KRW 4,562,530 as well as 5% per annum from September 16, 2017 to July 9, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an employment contract with the Defendant, and is engaged in a brick and arching work, and the Defendant is a person who operates a specialized string company, i.e., “C” and “A”.
B. On September 16, 2017, the Plaintiff: (a) on the first floor of the Seo-gu Daejeon D Building, Seo-gu, Daejeon: (b) engaged in three paralleling work teams (one name “one”) in order to carry out a painting work; (c) the Plaintiff was in contact with the relevant net work cost; (d) the Plaintiff suffered injury, such as the third main balance column while falling on the left side.
(hereinafter referred to as “instant accident”). [Grounds for recognition] There is no dispute, entry in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying a labor contract, an employer for the establishment of liability 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 his/her labor, and where an employee suffers loss by violating such duty, the employer shall be liable to compensate for the loss.
(See Supreme Court Decision 2004Da44506 Decided September 28, 2006, etc.). At the time of the instant accident, the Plaintiff was seeking to engage in a painting work in the ceiling brokerage, and the Plaintiff was going to a matching work with a height exceeding 1m, and the instant accident occurred as seen earlier. In general, in the case of the instant work, such as a bridge, etc., the instant accident occurred frequently, and thus, the employer is obligated to take safety education and safety measures for the prevention of workers’ abortion.
However, the defendant, while having the plaintiff work on the work team, did not take measures to prevent the risk of accidents, such as falling, and did not provide safety education to the plaintiff, etc., all necessary measures to prevent industrial accidents as the user.