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1. The Defendant’s KRW 8,205,256 to the Plaintiff and KRW 5% per annum from March 7, 2017 to December 6, 2018.
Reasons
1. Occurrence of liability for damages;
A. (1) On March 6, 2017, the Defendant received the amount equivalent to KRW 9,790,000 from the management office of the apartment complex B in the above apartment complex from the Changwon-si apartment complex B.
(2) The Defendant subcontracted the above work to C, and C employed five parts, including the Plaintiff, and started the off-site work of the above apartment site from March 7, 2017. The Plaintiff was injured by falling at a height equivalent to 4 meters and falling at a level of 4 meters during the above off-site work.
(3) The Plaintiff received 98,371,050 won in total, including 20,031,200 won for temporary layoff benefits, 15,384,650 won for medical care benefits, and 62,95,200 won for disability benefits, from the Korea Labor Welfare Corporation due to the instant accident.
[Ground of Recognition] Unsatisfy, Gap evidence 2, Eul evidence 2, Eul evidence 5, Eul witness testimony
B. According to the facts of recognition of liability, the defendant receives a tree cell work and subcontracted it to C, controls, and instructs work. In the case of a labor contract, the relationship between the contractor and the contractor does not differ substantially from the relationship between the employer and his employee. Therefore, the contractor bears the duty of protection or safety consideration to improve the physical environment and to devise necessary measures so that the contractor or his employee does not harm the health of life and body in the course of providing labor.
However, in the case of a tree cell work (see Supreme Court Decision 96Da53086, Apr. 25, 1997), the tree cell work should be carried out directly above the trees when necessary. Since it is likely to fall from trees while conducting such work, the defendant is negligent in neglecting his/her duty of care to prevent the occurrence or expansion of the accident by taking measures such as thorough safety education to the plaintiff in advance.