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(영문) 청주지방법원충주지원 2014.10.30 2014가단20199
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and the Defendant are professors belonging to Cuniversity D D Hospital operated by the school juristic person and the Defendant. From April 2010 to the above hospital, the Defendant is liable to compensate the Plaintiff for consolation money of KRW 30 million for mental damage suffered by the Plaintiff due to the above tort, regardless of the fact that the Plaintiff, an employee, was delegated with the duty of care in accordance with the good faith principle to ensure the realization of his personality by promoting the development of the personality that he participated in through the provision of labor, without any justifiable reason prescribed by the Private School Act. However, despite the fact that the Plaintiff was delegated with the duty of care in line with the above duty, the Plaintiff was unfairly deprived of his right of direction and right of order of work as an external director and committed a tort restricting the Plaintiff’s outpatient medical treatment by unfairly abusing his right of direction and right of order of work.

2. Even based on the Plaintiff’s assertion itself, it appears that the school foundation C University granted the right to set up the table of work on the part of the Defendant, the director of the division, the right to set up the table of work on the part of the Defendant, and as an employer, the educational foundation C University still bears the duty under the Private School Act or the duty under the good faith principle on the part of the Plaintiff’s assertion against the Plaintiff, who is an employee. Thus, the Plaintiff may not file a claim against the Defendant for damages under the premise that the educational foundation C University, aside from

However, the plaintiff asserts that the defendant actively participated in the illegal acts of the school juristic person Cuniversity at least in the limitation of the plaintiff's right to medical treatment or in the maintenance and strengthening of the restriction, and together with the defendant's discretion in preparing the duty table.

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