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1. The Defendant’s KRW 22,781,460 as well as the Plaintiff’s annual rate of KRW 5% from March 23, 2015 to October 26, 2016.
Reasons
1. Basic facts
A. On August 11, 2014, the Plaintiff, as a Chinese national shipbuilding yard, was employed in a factory C operated by the Defendant (hereinafter “instant plant”) and served as an production worker.
B. At around 11:40 on March 23, 2015, the Plaintiff was trying to remove foreign substances while cleaning a fiber scrap at the instant workplace, and the Plaintiff cut down the right hand.
(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1, Eul evidence 1-2, Eul evidence 1-1, Eul evidence 5-1 through 5-3, and the purport of the whole pleadings.
2. Determination
A. (1) An employer liable for damages is an incidental duty under the good faith principle accompanying an employment contract, and is obligated to take necessary measures, such as maintaining a physical environment so that an employee does not harm life, body, or health during the course of providing his/her labor, and is liable for compensating for damages to an employee by violating such a duty of protection.
(2) On February 23, 199, the Defendant, as an employer of the Plaintiff, has a duty of care to fully explain the Plaintiff’s process of the above work, thoroughly provide safety education so that physical part of the Plaintiff does not enter a fiber scrap, and to thoroughly supervise the Plaintiff during the work, to prevent the occurrence of the accident by taking necessary measures to prevent danger and by thoroughly explaining the Plaintiff’s process of the above work.
However, it does not seem that the Defendant, who was not fluent in the Korean language, provided safety education to the Plaintiff so that he can well understand the contents thereof, and provided proper education on the operation of the machinery and the precautions.
Therefore, it is reasonable to deem that the Defendant neglected the duty of safety consideration as an employer, thereby causing the instant accident. Therefore, the Defendant is liable to compensate for the damages suffered by the Plaintiff.