손해배상(기)
1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport.
1. The reasoning for the court’s explanation concerning this part of the facts is as follows: (a) the court used the “this court” of the second and third parallel parallels 21 and 15 of the judgment of the court of first instance as the “Jinju District Court Branch” respectively; and (b) the third and second parallels “(Seoul District Court 2010 High Court 67) was sentenced to the suspension of sentence”; and (c) the reasoning for the judgment of the court of first instance is the same as the part concerning the facts acknowledged under Article 420 of the Civil Procedure Act. Thus, the court cited this part as it is in accordance with the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion and judgment
A. 1) An employer who determines the cause of a claim bears the duty under the good faith principle to ensure that an employee can realize his/her personality by promoting the development of the personality which he/she engaged in by providing labor through the provision of labor to the extent consistent with the exercise of his/her right to command duties through the conclusion of a labor contract, barring any special circumstances (see, e.g., Supreme Court Decision 2010Da88880, May 9, 2012). Such duty shall be deemed as an incidental duty arising under a labor contract, which is one of the duty to provide the employer with labor so that the employee can be adequately realized, such as the duty to provide labor and pay wages to the employee.
As seen earlier, the Defendant was unable to provide the Plaintiff with labor during the suspension period by taking the disciplinary action of this case which is null and void. Thus, the Defendant’s failure to perform his/her obligation under the labor contract, thereby infringing the Plaintiff’s personal legal interests.
In addition, the plaintiff suffered difficulties in academic research and lectures as a professor due to the above disciplinary action, and mental damage caused by infringement of personal legal interests is not completely cured even if he/she is compensated for property damage equivalent to the amount of wages during the suspension period.