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(영문) 서울중앙지방법원 2016.10.21 2015가단5159032

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a school foundation that operates E secondary schools.

Plaintiff

A is F's wife, and Plaintiff B and C are F's children.

B. F was found to have committed suicide at school gymnasiums around February 28, 2014 while serving as a sports instructor in E middle school from around 1990 to around 192, while serving as a sports teacher on March 1, 1994.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs asserted that the deceased worked as a life guidance assistant from around 2007 to around 2011, and as the head of the life guidance department from around 2012 until the death. The Plaintiffs planned school culture improvement campaign, volunteer activities, etc. and led to excessive work and stress.

In addition, as a supervisor of the Ministry of Agriculture and Forestry who does not want to take charge of it, he was under pressure and stressed due to the problems related to the financing of food costs or costs.

Accordingly, the deceased expressed his intention of leave of absence while complaining of the depression on the part of the defendant, but the defendant rejected it.

Since the deceased's violation of his duty to protect his workers led to suicide, the defendant is liable for damages caused by the tort. The amount of damages is KRW 39,422,572, the deceased's lost income of the deceased, KRW 20,000,000, funeral expenses, which are inherent losses of the plaintiff A, KRW 3,000,000, consolation money, KRW 10,000,000, and KRW 5,000,000, which are unique losses of the plaintiff B and C.

Therefore, the defendant should pay the plaintiffs the amount of damages, such as the statement in the order that added F's share of inheritance to F's damages, as compensation for damages.

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and such duty to protect the employee.