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1. The Defendant’s KRW 38,827,770 as well as 5% per annum from December 10, 2016 to June 16, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the actual operator of “D” who operates the facility business in Yangsan-si, and the Plaintiff is the employee employed by the Defendant.
B. On June 25, 2015, the Plaintiff was faced with an accident that fells into the first floor floor of the first floor by extinguishing the H beam and the sn beam on the snives of the first floor and the second floor, in line with the Defendant’s direction inside the F factory located in Ulsan-gun, Ulsan-gun, Inc. (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as minculization of the upper upper floor and slovas, etc.
C. The Defendant did not pay to the Plaintiff the sum of KRW 347,770 for the medical care expenses incurred from August 2015 to May 2016 and the total of KRW 16,380,00 for the business suspension compensation incurred from January 2016 to June 2016.
“A summary order of KRW 2 million was issued by the Ulsan District Court due to criminal facts, and was charged with a fine of KRW 3 million by the prosecutor of the Ulsan District Prosecutors’ Office, on the ground that “A total of KRW 17,100,000,000, which was incurred from June 2015 to December 2 of the same year” was not paid to the Plaintiff.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in the case of additional numbers), Eul evidence No. 1-2, 7, and 8, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, as an employer, has the duty to compensate for losses under the Labor Standards Act. (2) According to the above facts finding that the amount of compensation is calculated, the sum of the medical care expenses incurred due to the instant accident, 347,770 won, and the compensation expenses for business suspension from June 2016 after the instant accident, is KRW 33,480,000.
Therefore, the defendant is obligated to pay to the plaintiff 3,827,770 won (347,770 won) and damages for delay.
3. The defendant's judgment as to the defendant's assertion is exempted from liability because the accident of this case occurred by negligence of the plaintiff.