beta
(영문) 대법원 2020.04.29 2019다220007

손해배상(기)

Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal against Defendant B limited liability company and D are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the Plaintiff’s ground of appeal No. 1 in light of the relevant legal principles and records, it cannot be deemed that the power of attorney of the lower court as to Defendant B limited liability company (hereinafter “Defendant Company”) and D was defective.

Therefore, this part of the ground of appeal cannot be accepted.

2. As to the ground of appeal No. 2 by the Plaintiff, the lower court dismissed the Plaintiff’s claim against Defendant C based on its stated reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the record, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on harassment in workplace and social rules

3. As to the Plaintiff’s ground of appeal Nos. 3, 4, and 9, Defendant Company, and Defendant Company’s ground of appeal No. 1, and Defendant Company’s ground of appeal No. 2, the lower court determined that Defendant D and Defendant Company jointly liable to compensate for damages incurred to the Plaintiff due to Defendant D’s sexual harassment, etc. on the grounds as stated in its reasoning.

Examining the reasoning of the lower judgment in light of the relevant legal principles and the records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, as otherwise alleged in the Plaintiff’s grounds of appeal, or by misapprehending the legal doctrine as to the calculation of consolation money, etc., under Article 14(1) of the former Equal Employment Opportunity and Work-Family Balance Assistance Act (amended by Act No. 15109, Nov. 28, 2017; hereinafter “former Equal Employment Act”), and omitting judgment.

In addition, the judgment of the court below and the conclusion of the defendant company, D.