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1. The Defendant’s KRW 58,978,129 as well as the Plaintiff’s KRW 5% per annum from September 14, 2016 to May 29, 2018.
Reasons
1. Basic facts
A. The defendant is a person engaged in metal processing business under the trade name of Gangseo-gu Busan Metropolitan City C, and the plaintiff is a worker employed by the defendant.
B. On June 1, 2012, at around 21:00, the Plaintiff: (a) was prepared to move steel plates for steel processing operations in the D workplace; (b) the Plaintiff was placed on the wall and the Plaintiff’s shot part was attached to the steel plate; and (c) the Plaintiff’s shot part was attached to the steel plate.
(hereinafter referred to as "the accident of this case". (c)
In the instant accident, the Plaintiff suffered injuries, such as light alley, non-alley dverging, and pressure damage not on the left-hand side.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Occurrence of liability for damages;
A. As incidental obligations under the good faith principle accompanying a labor contract, an employer is obligated 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 of protection, the employer is liable to compensate for such damage. According to the above facts of recognition, the Defendant is liable to take sufficient safety measures and conduct safety education thoroughly so that the employee does not differ from his/her workplace with heavy steel plates in relation to steel processing operations, but fails to perform such duty of protection or safety care, thereby resulting in the instant accident. Therefore, the Defendant is liable to compensate the Plaintiff for the Plaintiff’s damage caused by the instant accident.
In this regard, the defendant asserts that the plaintiff's disability does not result from the accident in this case, but from the plaintiff's negligence at the time of surgery at the E Hospital, the plaintiff's negligence at the time of surgery, the defendant does not assume responsibility for compensation for the plaintiff's disability. However, the result of the appraiser F's medical record appraisal of the appraiser F, G Hospital.