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(영문) 춘천지방법원 원주지원 2018.03.21 2017가단2150
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 8, 2013, the Plaintiff’s spouse C (hereinafter “the network”) entered the Defendant Company and carried out cleaning work, such as building stairs, floors of various facilities, and toilets, at the E resting area located in the prime city (hereinafter “instant resting area”).

After two weeks of day work, the Deceased worked a day-time shift in the form of one week night work. The work hours were 12 hours each from 08:00 to 20:00 for a day-time and from 20:0 to 08:00 for night, and the meals and rest hours were 30 minutes during that work hours.

B. On March 17, 2014, the Deceased worked at night on or around 20:02, and retired from office on March 18, 2014.

On March 18, 2014, at around 14:44, the deceased showed severe divershosis to undergo blood tests by the Gangwon-do Won Medical Center, and was sent back to the original diversical synasium synasium hospital. However, on March 21, 2014, the deceased died due to acute dynasium infection in detail.

[Ground of recognition] Facts without dispute, Gap evidence 3, 15, Eul evidence 1, 2, and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion was sent to heavy labor every 6 days a week at the instant rest area and average 11 hours a day.

Since the rest area of this case is not properly equipped with the rest area, the Deceased could not take a proper rest while on duty.

On the day of the instant case, the deceased was used, but no one did not move to the hospital, and the deceased was left unattended in the warehouse.

As a result, the deceased died due to his breach of duty to protect the Defendant, the Defendant is obligated to pay the Plaintiff, the spouse of the deceased, KRW 150,00,00 (=the lost income of KRW 53,679,192, the deceased’s consolation money of KRW 96,320,808) and damages for delay.

3. Determination

A. An employer is an incidental duty under the good faith principle accompanying an employment contract, and does not harm life, body and health in the course of providing labor by an employee.

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