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(영문) 의정부지방법원 2015.07.17 2014나13182
손해배상(산)
Text

1. Of the judgment of the court of first instance, KRW 10,00,000 against the Plaintiff and its related thereto, from February 4, 2014 to July 17, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a business owner engaged in the business of manufacturing synthetic resin with the trade name “D” in Bocheon-si, and the Plaintiff is a worker who worked in the said place of business from October 10, 2012.

B. On November 3, 2012, the Plaintiff engaged in the work of putting a waste vinyl into a waste vinyl scraper at the relevant place of business on November 3, 2012, and suffered injury on the left 2 balance cutting on the left hand along with a vinyl with a plastic machine, in which the wallper worn out with the plastic machine, and suffered injury on the left 3 balance stuffed and unclaimed heat.

(hereinafter “instant accident”). C.

With respect to the instant accident, the Defendant was determined and paid KRW 2,316,380 on April 3, 2013 from the Korea Workers' Compensation and Welfare Service (from November 4, 2012 to January 19, 2013), KRW 4,627,720 on May 20, 2013 (from January 20, 2013 to May 18, 2013), KRW 1,136,50 on June 19, 2013, respectively, and was determined and paid KRW 10,579,580 on June 20, 2013.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, the result of the commission of physical examination to the Gangwon-do University Hospital, the purport of the whole pleadings

2. Determination on the cause of the claim

A. As a result, the instant accident, as seen above, was found in the fact that the Plaintiff was liable for damages, was able to take preventive measures to prevent the accident by means of installing a melter around the inputs for the safety of workers, etc., in the case where the locker worn with the Plaintiff while putting a vinyl into a plastic scrap scraper, and the business owner used dangerous machinery that can cut the body of the workers, such as the above melter, at the workplace, has a duty to take preventive measures to prevent the accident.

Nevertheless, the Plaintiff did not take any safety measures on behalf of the workers working in a closed vinyl scraper, and the instant accident occurred. Therefore, the Defendant caused the instant accident to the Plaintiff.

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