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(영문) 인천지방법원 2020.02.25 2019가단201692
손해배상(산)
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 network D shall be a person who entered the Defendant bank on February 5, 1994 and worked as the E-branch site manager (the head of the business customer team) in the Defendant bank from January 19, 2017, and the Plaintiff A shall be a wife of D, Plaintiff B, and C.

B. On April 23, 2018, D committed suicide at home, setting aside a note stating that “I am too much of the actual stress, so I am very severe that I am friendly.”

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 3, purport of whole pleadings]

2. The plaintiff's assertion

A. The Deceased voluntarily concealed his position due to occupational stress caused by the depression of performance and conflicts with the heads of branches, and the Defendant Bank violated the duty of protection as follows.

1) For twenty-four years, the deceased did not receive any education while being in charge of the business customer service, and did not take any measures, such as raising human resources, or lowering the target performance. Furthermore, the deceased should have been ordered to a person who was able to engage in the business customer service as a branch head so that the business customer service of E would normally proceed with the business customer service at E branch. (ii) Although the deceased knew or could have been aware of the conflict with the F branch head, it did not take appropriate measures, such as the change of the work department for the deceased or F branch head, even though he did not take appropriate measures, such as the change of the work department for the deceased or F branch head.

B. The deceased continued to be in a state of infringement of mental health by bullyinging the deceased with poor performance of the F Branch’s head of F branch’s office, and by committing a family-school act such as bullying and personality hair.

As an employer of the F branch, the Defendant bank is liable for damages under Article 756 of the Civil Act to the illegal acts of the F branch office.

3. An employer who breaches a duty to protect under a labor contract is an incidental duty to the good faith principle accompanying the labor contract.

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