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(영문) 수원지방법원 안산지원 2021.01.29 2020가단68472
손해배상(기)
Text

The defendant's KRW 12 million to the plaintiff and its 5% per annum from April 14, 2020 to January 29, 2021.

Reasons

In accordance with the nature and nature of a contract that falls under continuous rights and duties relationship based on an employer’s personal trust relationship with the employer’s tort liability for harassment in the workplace, an employer is obligated to provide sincere labor to workers; an employer is obligated to take necessary measures to respect and protect the personality of workers; to prevent any damage when an employee performs his/her duty to provide labor; and to provide a pleasant working environment, such as protection facilities for the life, health, etc. of workers.

[See Supreme Court Decision 95Da39533 delivered on February 10, 1998] The employer shall compensate for damages to a worker who has violated the duty of protection.

This is not only a case where an employer has engaged in physical or mental suffering beyond the appropriate scope of business by taking advantage of his/her superior position in the workplace, or has aggravated the working environment (Article 76-2 of the Labor Standards Act), but also where he/she did not prevent it even if he/she could have predicted the harassment in the workplace by preventing such harassment in the workplace.

In such a case, “bullying in the workplace” which falls under the requirements for liability for damages shall be determined by comprehensively taking into account the circumstances such as the details and degree of the victim’s reaction behavior against the place where the party’s act was committed and the situation during which the victim’s act was continued. However, it is recognized that there was an act that may cause physical pain or aggravation of working environment from an ordinary person who is in a position similar to the victim, and that there was an actual result of physical pain or aggravation of working environment for the victim.

B. The fact of damage is not only related to the work of the employee in order to recognize the liability for damages on the ground of the employer's breach of duty of protection.

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