손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why this Court explains this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of grounds for appeal;
A. B’s harmful act was not committed in relation to the Defendant’s business performance.
B. The plaintiff knew or could have known that the harmful act by B was committed without connection with the performance of his duties, and thus there is no employer liability for the defendant.
3. Determination
A. As to the assertion that there is no relevance to the performance of an employee's business, the phrase "in relation to the performance of an employee's business," which is the requirement for an employer's liability under Article 756 of the Civil Act, means that if an employee's unlawful act objectively appears to be related to the employee's business activity, performance of an employee's business, or performance of an employee's business, without considering the offender's subjective circumstances, it shall be deemed that the employee's unlawful act is committed in relation to the employee's business without considering the offender's subjective circumstances. If the employee committed an intentional harmful act against another person, the employee's act is not itself, but is in close vicinity to the employee's business time and location, and if the employee's motive is related to the employee's whole or part of his/her business, or if the harmful act was committed in the course of performing his/her business,
On the other hand, where an employee committed an intentional act, such as sexual indecent act or sexual intercourse, etc. against another employee, even if the act does not itself perform his/her duties, the act is objectively apparent, such as sexual indecent act, etc., in the process of having the Plaintiff perform his/her duties by having the Plaintiff feel sexual humiliation or aversion.