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(영문) 광주지방법원 2016.06.17 2014나54355
손해배상(산)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff, at around 11:00 on November 8, 2010, was the Defendant’s employee, and was engaged in pipeline replacement work at a factory B located in the luminous steel mill, which is located in the luminous steel mill, at a height of 2 meters, without maintaining a balance with the wind, and fell down, and suffered injury, such as the right snife, snife, and snife, etc.

(hereinafter “instant accident”). (b)

From November 8, 2010 to April 22, 2011, the date of the instant accident, the Plaintiff received medical treatment at C Hospital, etc., and in relation to the instant accident, the Plaintiff received 7,397,210 won of temporary layoff benefits, 10,128,790 won of medical care benefits, and 20,380,140 won of disability benefits, respectively, from the Korea Workers’ Compensation and Welfare Service.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Defendant, as an employer, bears the duty of care for the safety of the Plaintiff, such as allowing the Plaintiff, an employee, to work in a safe working environment. As seen earlier, in the event that the Defendant intends to work in the rasher for the replacement of pipes at a height of 2 meters, the Defendant has a duty to fix the pipelines in the process of work not to drive and have the workers work, and to take measures to prevent the accident, such as installing the fall preventive facilities, etc., and to conduct safety education prior to the work so that the Plaintiff may work safely.

Nevertheless, the Defendant neglected the above duty and ordered the Plaintiff to work without taking any particular measures or training, and the instant accident occurred. Therefore, the Defendant, as the Plaintiff’s employer, is liable to compensate the Plaintiff for the damages incurred by the instant accident.

3. In addition to the matters stated below within the scope of liability for damages, the detailed statement of liability for damages in the attached Form.

The period of calculation below shall be calculated on a monthly basis, and less than the last month and less than the won shall be discarded.

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