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(영문) 서울고등법원 2017.06.15 2017나2010655
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a current or former representative director of P Co., Ltd. (hereinafter “instant company”) that operates online newspaper H, etc.

B. On November 13, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) published the same article as “K” written by Defendant C in the online newspaper “B” (hereinafter “instant article”).

C. (1) On September 15, 2014, when the instant company and the representative of the instant company served in U (U) the same U (hereinafter “U”), M retired was filed with the Seoul Southern District Office of Employment and Labor (hereinafter “Employment and Labor Seoul District Office”) as the representative of the instant company in violation of the Labor Standards Act.

D. On October 14, 2014, the Plaintiff and N, the present representative director of the instant company, appeared in the Seoul Southern District Office, and was investigated. On October 14, 2014, the Seoul Southern District Office issued a notice to M on the result of handling the reported case (hereinafter “instant notice”) stating that “As a result of investigating the case of petition filed against the Plaintiff, the Plaintiff sent the case to the Seoul Southern District Prosecutors’ Office as the Seoul Southern District Prosecutors’ Office as a result of the investigation on the labor contract related to Article 17 (Statement of Labor Conditions) of the Labor Standards Act (hereinafter “instant case”).

The main text of the instant notice states that “In the event of a delay in payment of money and valuables, the reported person cannot be exempted from civil liability, and thus, it is possible to file a civil suit with the court upon obtaining confirmation of overdue money and valuables from the Seoul Southern Site Office of Employment and Labor, as the reported person is punished.”

On the other hand, a member of the company of this case and U with M who retired from employment in the company of this case and U is the representative of U in violation of the Labor Standards Act on August 13, 2014, and the vice branch of the Central District Employment and Labor Office of Jungcheon-gu filed a petition for violation of the Labor Standards Act. On September 29, 2014, the vice branch of the Central District Employment and Labor Office against T’s representative of the fishing State.

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