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(영문) 창원지방법원 2020.11.05 2019나60797
손해배상(산)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, except for the part of “A. Responsibilities” in the judgment of the court of first instance as set forth below, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the repair work "A. 1) An employer bears the duty to maintain a physical environment and take necessary measures so that an employee does not harm life, body, or health during the course of providing his/her labor. Such duty to protect an employee is an incidental duty recognized by the good faith principle in light of the characteristics of the employment contract, and an employer who has violated such duty bears the responsibility for nonperformance and the liability for damages arising from tort against an employee

(See Supreme Court Decision 9Da53086 delivered on April 25, 1997, etc.) 2 sprinks, 2 sprinks, 3086, where the plaintiff measured the length of a slope board installed between the machinery and apparatus, and he was injured by the cutting of hand sprinks, etc., as seen above. The following facts and circumstances can be acknowledged by adding the whole purport of the arguments, i.e., the following facts and circumstances: (i) where the plaintiff was involved in the accident, such as the cutting of body, and the like, where the plaintiff went into the body due to the revolving screen, the body cannot be opened when the scrap sprinks or sprinks are cut, and (ii) the above machine cannot be opened to cover the plaintiff's sprinks or sprinks, and (iii) the defendant cannot open the aforementioned sprinks or sprinks to stop the operation of the safety device.

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