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(영문) 부산지방법원 2015.03.24 2012가단89852

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 8, 199, the Plaintiff entered D High School (hereinafter “instant school”) under the school foundation C (hereinafter “instant school foundation”) and had been in charge of the affairs of the island office of the instant school from May 1, 2001.

The defendant is an official belonging to the school juristic person of this case and is the administrative office of the school of this case.

B. On August 4, 2011, the instant school juristic person: (a) held a disciplinary committee against the Plaintiff on the grounds that the Plaintiff exercised violence in the company; (b) did not obey the commercial instruction; (c) held the disciplinary committee against the Plaintiff; and (d) taken disciplinary action against the Plaintiff during three months of suspension from office and the change of the said disciplinary committee’s duty into water level.

C. On September 22, 2011, the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission. On November 11, 2011, the Busan Regional Labor Relations Commission rendered a ruling that “The instant school juristic person’s disciplinary action for three months of suspension from office against the Plaintiff on August 4, 2011 is an unfair disciplinary action. The instant school juristic person is to revoke the Plaintiff’s disciplinary action.”

Meanwhile, the Plaintiff filed a complaint against the Defendant under the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., that “the Defendant repeatedly transmitted the Plaintiff’s text messages that cause uneasiness three times via the Plaintiff’s mobile phone, so that the Plaintiff may feel uneasy,” but was subject to a disposition on December 30, 201 as to the charge of violating the Act on Promotion, etc. of Information

E. The Defendant received KRW 3 million from the E company F, and received the Defendant’s order from the Defendant to give money to the Defendant to the head of the G division in the administrative office, and ordered the Defendant’s friendly company to perform the interior works of the school. The Defendant issued the Plaintiff a certificate of sexual registration with the Plaintiff’s resident registration number added to the Plaintiff, and the Defendant received the Defendant’s pedagog and sexual intercourse with the Plaintiff.