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(영문) 부산지방법원 2019.09.19 2017가단336430
손해배상(산)
Text

1. The Defendant’s KRW 188,530,524 as well as the annual rate of KRW 5% from August 14, 2013 to September 19, 2019, and the following.

Reasons

1. Occurrence of liability for damages;

A. An employer is an incidental duty under the good faith principle accompanying an employment or labor contract, and is obligated to take necessary measures, such as improving physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and is obliged to compensate for damages caused by nonperformance of such duty if the employee suffers damage.

B. (See, e.g., Supreme Court Decision 97Da12082, Feb. 23, 1999).

When there is no dispute between the parties, or when adding the purport of the entire pleadings as stated in the evidence Nos. 1, 4, and 3, the following facts are acknowledged, and comprehensively taking account of such facts, the defendant is liable to compensate for the damages suffered by the plaintiff since he/she violated his/her duty of safety consideration by failing to take necessary measures, such as safety measures, etc. for handling dangerous substances.

(1) On 07:55 on 14, 2013, the Plaintiff, while working in D, located in Jinhae-si, Jinhae-si, Jinhae-si, on 07:14, 2013, caused an accident where the workers in charge of melting melting melting melting 10 tons of metal from the 10 tons melting melting melting melting melting melting melting Works, in which the workers in charge of melting melting melting melting melting melting melting melting melting melting with melting melting melting gate, and the Plaintiff, who was around melting melt

hereinafter referred to as the "accident of this case"

(2) (2) The Defendant is an employer who employs the above workers, including the Plaintiff, in operating D. In the instant accident, the Plaintiff was paid KRW 125,384,840 for temporary layoff benefits, medical care benefits of KRW 152,46,090 for disability benefits, and KRW 69,043,080 for disability benefits (3 Defendant is the sum of KRW 22,001,230 for transportation expenses and nursing expenses, and KRW 155,737,610 for medical treatment expenses, etc. in relation to the Plaintiff’s treatment due to the instant accident.

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