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(영문) 의정부지방법원 2018.11.08 2016가단101693
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 31, 2015, the Defendant was awarded a contract for 36,300,000 won in the construction cost, including the coworking work for the common area of the instant apartment, by the council of occupants’ representatives of Busan Shipping Daegu E apartment (hereinafter “instant apartment”).

B. After that, the Defendant subcontracted the windowing construction work to G engaged in the construction subcontracting business under the trade name of “F”, and G employed H et al. and performed the windowing construction work on May 13, 2015.

C. On May 13, 2015, H: (a) took advantage of the monthly vision around 11:15 on May 13, 2015, he felled into approximately 30 meters below the floor and died while being engaged in the coworking in the external windows frame of the households No. 101-dong 1101.

(hereinafter referred to as “instant accident” and H as “the network”

D. The plaintiff A is the deceased's spouse, and the plaintiff B and C are the deceased's children.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The plaintiffs asserted that under Article 23(3) of the Occupational Safety and Health Act, an employer has a duty to take necessary measures to prevent risks at a place where workers might fall down at work. In this case, the defendant, as the employer, failed to take necessary measures, such as not installing a safety belt and a life rope, and not inspecting the month vision prior to the commencement of work, and the accident of this case occurred due to these negligence, the defendant asserts that the defendant is liable to compensate the deceased and the plaintiffs for the damages suffered by the deceased due to the death of the deceased.

In this regard, the defendant was awarded a contract by the council of occupants' representatives for the apartment of this case for the construction of the joint-use area, and did not receive a contract for the construction of the joint-use area coworking from each household, which is the exclusive-use area, and subcontracted the construction of the joint-use area coworking to G.

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