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(영문) 울산지방법원 2017.11.30 2015가단56382
손해배상(산)
Text

1. The Defendant’s KRW 107,893,644 as well as 5% per annum from December 30, 2013 to November 30, 2017 to the Plaintiff.

Reasons

1. Occurrence of and limitation on liability for damages;

A. The Plaintiff, at around 10:30 on December 30, 2013, suffered injuries, such as 1, 2, 3, 4, 5, 5, 201, on the part of the Defendant Company’s employees, and 10:30 on December 30, 2013, in the process of removing labels attached to the boxes in the imported container (hereinafter “instant accident”). In the instant accident, the Plaintiff suffered injuries, such as 1, 2, 3, 4, 5, 5, 5, 1, 200

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness B and C's testimony, purport of whole pleadings

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer who is liable for damages bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health in the course of providing his/her labor, and if an employee suffers damage by violating such duty, he/she shall be liable for compensation.

However, in full view of the following circumstances revealed through the witness C’s testimony and the purport of oral argument, namely, ① moving a direct object loaded in a container to the floor and carrying out labeling removal works in principle, the Defendant was found to have failed to perform the duty of care to manage the site and thoroughly perform safety education so that workers in the dangerous area can work safely. However, in full view of the following circumstances, the Defendant was found to have been negligent by failing to perform the duty of care to thoroughly perform the duty of care, in order to ensure that the Plaintiff’s employer is an employer to manage the site and perform safety education so that workers in the dangerous area can work safely.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

(c).

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