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(영문) 광주지방법원목포지원 2016.12.01 2015가단55067
손해배상(산)
Text

1. Defendant F: (a) KRW 48,223,412 for each of the Plaintiffs and 5% per annum from October 13, 2015 to December 1, 2016.

Reasons

1. Basic facts

A. On September 15, 2015, Defendant E Agricultural Cooperatives (hereinafter “Defendant Agricultural Cooperatives”) concluded a contract with Defendant F to cover construction costs of KRW 24,519,00, and the construction period from October 6, 2015 to November 31, 2015 (hereinafter “instant contract”).

B. Defendant F decided to employ the network H (hereinafter “the network”) at KRW 130,000 per day to carry out construction. On October 13, 2015, Defendant F left the construction site of this case to instruct workers I and the deceased to verify whether they can carry out work on the roof of the warehouse of this case, and to purchase materials.

As there is a risk of falling up on the roof of the warehouse of this case, Defendant F, the business owner, provided workers with protective outfits, such as safety caps, safety belts, etc., and installed work plates or safety bags to prevent accidents, such as falling, etc. of workers. Defendant F did not take any safety measures against the warehouse of this case only bring about safety caps, and did not take any safety measures.

C. On October 13, 2015, around 09:00, the Deceased moved on the roof of the warehouse of this case to verify the roof condition of the warehouse of this case, and was killed on October 12, 2015 (hereinafter “the instant accident”) on October 12, 2015, while a wooden dust was abandoned, and was destroyed by a concrete floor under approximately 6.1m below, and was transferred to a neighboring hospital, and was treated again (hereinafter “instant accident”).

Defendant F was indicted for the violation of the Occupational Safety and Health Act with respect to the instant accident and the crime of occupational injury, etc. and the violation of the Occupational Safety and Health Act. Defendant F was sentenced to imprisonment with labor for not less than two years on July 14, 2016.

E. Meanwhile, D, the bereaved family members of the deceased, is against the Defendants at the date of pleading on May 19, 2016.

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