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(영문) 부산지방법원 2020.05.08 2019나53303
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of first instance concerning this case is as follows: ① Evidence Nos. 17, No. 18-1, No. 18-2, No. 19-21, No. 23, No. 28, and No. 30 (including paper numbers) which are insufficient to recognize the defendant’s claims for damages caused by the horses of the case and the sexual harassment of the case as additional evidence submitted at the court of first instance; ② the grounds of the judgment of the court of first instance are the same as that of the court of first instance, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the fourth page of the first instance judgment, the following shall be added to a part to be mard or added:

The Plaintiff asserted to the effect that the Defendant tried to identify the Plaintiff’s husband’s tendency and organization misconduct by phoneing to the Busan Fire Safety Headquarters G, and thereby committing sexual harassment to the Plaintiff. However, as seen earlier, the Defendant called D to G on July 7, 2017, which is the day following the date of the decision of the C Chief of the C Police Station “the disciplinary measure against the non-transfer in the event of transfer after the s/he was sent off.” As such, it is difficult to view this case as an act of sexual harassment, separate from the Defendant’s aforementioned act, there is room for secondary damage of sexual harassment. On the other hand, the Defendant’s act of sexual harassment is difficult to be considered as an act of termination of the case. On the 5th sentence of the first instance judgment of the first instance, the following is added between “if the Plaintiff was obligated to perform the act of sexual harassment” and “Bsan Fire Safety Headquarters”

① Delaying in the process of the instant sexual harassment case, the victim protection and confidentiality was not strictly maintained during the course of the investigation, ② by adding the following as between the 5th 8th h and 9th h h h h h h h h h h h h h h h h h h h h h h h, 13th h h h h h h, and 6th h h h h h h h h h h, respectively.

"A disciplinary action, etc. against the instant sexual harassment case on June 15, 2017 at the hearing office of the C police station to which the Defendant belongs.

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