손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff was a worker of C in which the Defendant was the representative director from March 2006 to January 201. The Defendant, without justifiable cause, took a disciplinary action for three months of suspension from office (hereinafter “instant suspension disposition”) against the Plaintiff on September 14, 2010, and was unable to receive wages during the pertinent suspension period and suffered emotional distress. In the instant lawsuit, the Plaintiff sought compensation for damages arising from the tort of KRW 21,875,00,00 in total, including KRW 13,125,00 in property damages equivalent to the wages during the pertinent suspension period, and damages for delay after the date of the instant suspension order.
In light of the following circumstances, the Plaintiff filed a lawsuit (Seoul Central District Court 2010Da444365) against C to seek payment of wages and consolation money during the period of suspension (Seoul Central District Court 2010DaDa44365) by asserting that the suspension disposition of the instant case was unlawful, but the said judgment was rendered against the Plaintiff on November 22, 2012 and became final and conclusive as the Supreme Court’s judgment dismissing the appeal of the Supreme Court on July 25, 2013, the evidence alone submitted by the Plaintiff alone is insufficient to acknowledge the illegality of the suspension disposition of the instant case, and there is no evidence to prove otherwise.
Therefore, the plaintiff's claim of this case, which is premised on the illegality of the suspension disposition of this case, is without merit, and it is dismissed. It is so decided as per Disposition.