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(영문) 수원지방법원 2019.08.30 2019나57664
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Plaintiff

The Plaintiff, from 2002 to 2011, was serving as a part-time lecturer in the economics of the B University. From 2009 to 201, the Plaintiff saw that the Plaintiff spawn the disturbance of the man who appears to be a staff member in the lecture room of the second floor of the B University, such as taking the door of the box, and spawn the Plaintiff’s fear by drinking water by three male who appears to be a professor, or by insulting a female professor without good cause.

Accordingly, the Plaintiff confirmed that she was harassing the Plaintiff by taking shen group as a member of the foregoing, and sent C an appeal to the principal of the ordinary university in around 2010, and C recognized the fact that she was harassing the Plaintiff by taking the above people.

Nevertheless, from around 2012, B universities did not assign the Plaintiff a part-time lecture due to unfair grounds, such as allocating the part-time lecture to the instructors from the mother school.

Therefore, the Defendant is obligated to pay KRW 3,881,489, which is the annual average amount of lecture fees received by the Plaintiff from B University every year from 2002 to 2011, as damages for tort in accordance with the State Compensation Act, to the Plaintiff, who suffered from the said “A” by the professor of B University, and damages for delay.

Judgment

The State is liable to compensate for damages under the State Compensation Act when a public official intentionally or negligently violates any Act or subordinate statute in the course of performing his/her duties (Article 2(1) of the State Compensation Act); the State is liable to prove that there was a public official's intentional or negligent act; and that there was actual loss caused thereby.

(see, e.g., Supreme Court Decision 2000Da53038, Apr. 8, 2003). According to each of the health records and evidence Nos. 1 through 3 in the instant case, the Plaintiff served as a part-time lecturer at B University ordinary universities from March 2002 to February 2012, 201. However, from March 8, 2012, the Plaintiff served as a part-time lecturer.

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