logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.10 2016나75182
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Under the facts, the Defendant is an educational foundation operating E secondary schools, and the network F (hereinafter “the network”) was the above E secondary sports teachers, and the Plaintiff A is the wife of the Deceased, and the Plaintiff B and C are the children of the Deceased.

On February 28, 2014, the Deceased worked as a sports instructor at E Middle School from around 1990 to 1992, and died on February 28, 2014 while serving as a sports teacher on March 1, 1994.

Plaintiff

A has filed a claim for bereaved family's compensation with the Korea Teachers Pension Foundation under the Korea Teachers Pension Act, and received 126,326,230 won as bereaved family's compensation from the said Corporation on February 26, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 24 (including virtual number), the purport of the whole pleadings

2. The Plaintiffs asserted that the deceased worked as a life guidance assistant from around 2007 to 2011, and as the head of the life guidance department from around 2012 until the death. The Plaintiffs planned and promoted school culture improvement campaign, volunteer activities, etc., and suffered excessive work and stress.

In addition, the deceased was under the supervision of the Ministry of Agriculture and Forestry who did not want it, and was under pressure and stress in relation to the regratory costs or financing of expenses.

Accordingly, the deceased expressed his intention of leave of absence while complaining of the depression on the part of the defendant, but the defendant rejected it.

Ultimately, since the deceased's violation of his duty to protect workers led to suicide, the defendant is liable for tort liability against the plaintiffs, who are the inheritor of the deceased.

3. As an incidental duty under the good faith principle accompanying an employment contract, an employer bears the duty to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and shall compensate the employee for damages caused by his/her breach of such duty.

arrow