logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.31 2016나113236
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Basic facts

A. On May 27, 2014, the Plaintiff felled on the roof at a height of three meters from the 3-meter radius from the livestock shed new construction works ordered by the Defendant (hereinafter “instant construction works”) that was employed by the Defendant, and was suffering from spinal chronic disorder, etc.

(hereinafter referred to as “instant accident”). (b)

The construction site of this case did not have a safety net to prevent the fall of workers, and there was no conditions to walk the safety level, and the defendant did not conduct safety education for workers.

In addition, the condition of water in the roof was the same as the preceding day.

[Reasons for Recognition] Fact that there is no dispute, the testimony of the witness C of the first instance trial and the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. According to the above fact of recognition of liability for damages, the Defendant, as the employer and the business owner of the construction work, has the duty to take measures to prevent accidents or industrial accidents that may arise when the Plaintiff works at the workplace of the instant construction work site pursuant to Article 750 of the Civil Act or Article 29(1) of the Occupational Safety and Health Act, and the Defendant has the duty to take necessary measures to prevent risks at the place where the workers might fall at the work site.

However, since the defendant neglected such duty, and the plaintiff was subject to the accident of this case while working, the defendant is liable to compensate for the damage suffered by the plaintiff due to the accident of this case.

(B) The defendant does not dispute the existence of liability for damages.

At the time of the instant accident, the Plaintiff also removed the water source in order to prevent the crash, or avoided the place of falling (the edge of the roof), or actively demanded the Defendant to take safety measures.

arrow