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(영문) 수원지방법원 2020.06.18 2018가단554594
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received temporary stay permission from Russia and other (G-1) visa, while residing in Korea, and operated a press machine operation work at D’s workplace located in C’ which the Defendant operated.

B. The aforementioned press machine is a machine operated when put put to put to put in place place place place, and the Plaintiff’s operation of press machine was put in the press machine, followed by one put in place place to put in place place place to put in place (such as iron plates) and then put in place to put in place to put in place to put in place, and then put in place the product when put in place to put in place to put in place to put in place.

C. On April 19, 2018, while carrying out the aforementioned work in a pipe, the Plaintiff was faced with an accident that cut the upper right 2 balance (the upper right knife knife knife knife knife knife) (hereinafter “instant accident”). D.

The instant accident is recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, and the Plaintiff was paid KRW 19,788,940 as temporary disability compensation benefits and KRW 14,367,340 as disability benefits.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 6, images, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) Although the plaintiff's defendant neglected to take measures necessary to protect the health of workers, such as providing appropriate rest time as the plaintiff's employer, and since presses machines are the machines that produce dangerous and large noise, the plaintiff did not take proper measures to protect the safety of workers who use the presses. The plaintiff was liable to compensate the plaintiff for damages caused by the defendant's tort. 2) The defendant guaranteed a reasonable rest time to the employees of the defendant's workplace including the plaintiff, and especially the plaintiff takes free rest time outside of smoking.

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