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(영문) 수원지방법원 2020.10.29 2019가단502613
손해배상(산)
Text

The defendant's KRW 40,498,797 to the plaintiff and 5% per annum from March 1, 2016 to October 29, 2020.

Reasons

1. Facts of recognition;

A. The defendant is a company that engages in the manufacturing business of smoke and cable production, etc., and the plaintiff is a person who joined the defendant on August 16, 2004 and worked for the defendant.

B. On March 1, 2016, at around 08:45, the Plaintiff cut electric wires from the Defendant’s first factory shop, located in C, using metal cutting machines.

원고는 절단된 전선이 금속절단기 근처로 튕겨져 나가자 이를 회수하기 위해 금속절단기의 정지 버튼을 눌렀다.

However, when the Plaintiff moves out to metal cutting machine, metal cutting was not completely suspended, and the Plaintiff suffered injury, such as the extension of the external flag of the fingers from the right side by the metal cutting machine’s day (the frame of the first bones, the frame of the stop frame), the extension of the external flag of the right half of the fingers, and the extension of the external flag of the right fingers.

C. When using metal cutting machines, the Defendant provided safety education, including the provision on the wearing of an inner protective device and the prohibition of wearing an inner protective device (at least two hours every month in the case of production-related workers), but most workers working in the Defendant, including the Plaintiff, did not wear an inner protective device, and performed work using the cutting device by the Defendant.

The metal cutting machine of this case was covered with a cover, such as a photographic image, in order to prevent fugitives from cutting.

Most of the workers working in the defendant, including the plaintiff, engaged in metal cutting operations to avoid the sponsing of face to the face.

E. At the time of cutting the instant metal cutting machine, only one part of the electric wires was fixed. At the time of the instant accident, the electric wires were not fixed among the cables cut by the Plaintiff.

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