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(영문) 창원지방법원 2016.08.19 2015가단86172
손해배상(산)
Text

1. The Defendant’s KRW 78,007,171 as well as the Plaintiff’s annual rate of 5% from June 14, 2014 to August 19, 2016.

Reasons

1. Occurrence of liability for damages;

A. On June 14, 2014, the Plaintiff was an employee belonging to the Defendant, and was engaged in an inspection to check whether the block of the petroleum drilling line was accurately created according to the design drawing at the Defendant Company Outdoor Working Place, and was in charge of managing the degree of such inspection (hereinafter “instant accident”). At approximately 2 meters, the Plaintiff was in charge of walking the beam beam of the 20cm snife beam beam from the 2m height of cement floor to the cement floor, and was in charge of cutting down the aggregate of the instant accident No. 2.

At the time of the instant accident, there was no safety light or safety light, etc. to prevent the collision between the sloping beam beam lines above the block at the time of the instant accident.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 3 through 6, Eul evidence 2 and 5 (including additional numbers), witness Eul's testimony and the purport of whole pleadings

B. As incidental obligations under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor. In particular, when working in a place at a risk of falling, the Defendant is obligated to take necessary measures to prevent the fall risk. According to the above facts of recognition, the Defendant is liable to compensate the Plaintiff for the instant accident by negligence that caused the Plaintiff to perform the work without any particular measure, while neglecting the above duties as the Plaintiff’s employer. Thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

(c) limitation of liability, provided that the Plaintiff also does not have a safety device, the floor is lowered to the floor by using a bridge or a ridge (a device that has a wheels to move under the steel stairs capable of breaking up to the work location. At the work site at the time, there was a platform cost).

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