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(영문) 서울중앙지방법원 2015.11.05 2014가합591181
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On August 5, 2011, according to the contract with the Defendants, the Plaintiff was under the control of the fenced works of Jongno-gu Seoul and E neighboring fence (hereinafter “instant fence construction”) pursuant to the contract with the Defendants, and the Plaintiff was under an accident where the fenced works of this case lost a balance of vadi, which is vadi, and was also bad.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap 2 through 3, 5 through 7, and 9 (including a serial number, if any, including a serial number; hereinafter the same shall apply), Eul 1, Eul 1, witness F's testimony, fact inquiry results against the limited liability insurance company of this court, summary of the plaintiff's claim for the purport of the whole pleadings.

A. The Plaintiff is a worker who performed duties for the purpose of wages under the direction and supervision of the Defendants, only filled the necessary number of employees after receiving materials costs, wages, etc. from the Defendants in lump sum and distributed daily allowances directly.

The Defendants, as business operators in accordance with Article 23 of the Occupational Safety and Health Act and other relevant Acts and subordinate statutes, shall supervise the wearing of safety belts, etc. to prevent workers, including the Plaintiff, from falling down during the fence work; verify whether safety facilities, such as fences, nets, etc. are installed; and on the other hand, have the duty to take safety measures, such as checking the site and examining the risk factors during the construction work, but failed to comply with such duty; thus, they are jointly and severally liable

Since it is not clear whether the grounds for liability for damages caused by the breach of the duty of safety measures sought by the plaintiff is illegal or not, it shall be judged together

B. In addition, the Defendants, as an employer under an employment contract with the Plaintiff, bear the duty to take necessary measures, such as maintaining the human and physical environment so that the Plaintiff and other employees may not harm their lives, bodies, and health in the course of providing their labor, as an incidental duty under the good faith principle, and in violation of this duty.

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