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(영문) 부산지방법원 2018.05.24 2016가단342063
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 1969, the Defendant newly constructed a factory producing asbestos products on the ground of the 525th, dong-dong, Busan Metropolitan City (hereinafter “instant asbestos factory”) and manufactured asbestos products from December 1, 1969, such as asbestos sheds, asbestospos, asbestos tapes, and asbestos logs, etc. in the instant factory. On March 26, 1990, the Defendant shut down the instant asbestos factory, and suspended the production of asbestos products after moving the factory to the mass acid until the end of 2006.

B. E is an employee of the asbestos plant of this case operated by the Defendant and continued to be exposed to asbestos dust in the process of performing duties in the clean asbestos protection register from April 1, 1971 to September 1973. On March 14, 2007, the Plaintiffs, both the husband and children of E, who were the husband of this case, filed a lawsuit seeking compensation for mental damage, including the Defendant’s breach of the Defendant’s duty to protect safety under the labor contract ( Daegu District Court Decision 2007Da29215, hereinafter “transfer lawsuit”), and the above decision became final and conclusive at that time after receiving a decision of recommending reconciliation from the above court on December 11, 2008, with the following contents as follows.

St. St. L. L.S.

1. The defendant shall pay 39 million won to plaintiff E by January 9, 2009.

2. Paragraph 1 of this Article confirms that, with respect to asbestos-related accidents suffered by Plaintiff E from exposure to asbestos while working in the Defendant Company, the agreement is reached on the king treatment expenses, sexual surgery future treatment expenses, and consolation money based on the date of this decision of recommendation for compromise.

3. The Plaintiffs waive their claim against the Defendant for medical expenses and for future oriental medicine treatment expenses.

4. The remaining claims of Plaintiffs E and the claims of Plaintiffs A, B, C, D, etc. are waived respectively.

C. E aggravated asbestosis and died on August 4, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Summary of claims, etc. and determination thereof

A. The summary of the claim, etc. is the defendant's death in violation of the duty of safety consideration incidental to the employment contract as the employer of E.

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