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(영문) 창원지방법원 2016.11.25 2015가단25290
손해배상(산)
Text

1. The Defendant’s KRW 15,344,713 as well as the Plaintiff’s annual rate of KRW 5% from December 9, 2014 to November 25, 2016.

Reasons

1. Occurrence of liability for damages;

A. On January 28, 2013, the Plaintiff was a person who was employed and worked for the Defendant Company, and around 08:30 on December 9, 2014, the Plaintiff was engaged in work in the presses 250t presses, and the presses equipment went into a commercial store after the presses stand, and the Plaintiff was faced with an accident where the Plaintiff’s left hand fluencing down the gold-type by leaving the clamp, which was set up a gold-type.

(hereinafter referred to as “instant accident”), . [Grounds for recognition] without dispute, Gap evidence 1 through 3, Eul evidence 4 and 5 (including additional numbers), the purport of the entire pleadings.

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and is liable to compensate for damages inflicted on an employee by violating such duty (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000; etc.). According to each of the above findings of recognition, the Defendant is liable to compensate the Plaintiff for damages inflicted on the Plaintiff by negligence, which caused the Plaintiff to implement the work without taking measures despite his/her duty of care to faithfully implement safety education to prevent the accident.

(c) limitation of liability, provided that the Plaintiff also has a duty of care to check the shock pressure of the discharge lamps fixing the gold, check whether they have been fixed with the discharge, and to prevent accidents, including the progress of work, and to promote its safety.

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