2016da 71086 Damages (as such)

A

Law Firm Macl, Attorney Park Ma-young

Attorney Yoon Jae-ho, Counsel for the plaintiff-appellant

1. School juristic person B;

2. C

[Judgment of the court below]

September 11, 2018

October 16, 2018

1. The Defendants shall pay to each Plaintiff 3,00,000 won with 5% interest per annum from May 21, 2016 to October 16, 2018, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims against the defendants are dismissed.

3. 9/10 of the costs of lawsuit is assessed against the Plaintiff, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each Plaintiff 30,000,000 won with 5% interest per annum from September 7, 2013 to the service date of a duplicate of the instant complaint, and 15% interest per annum from the next day to the day of complete payment.

1. The plaintiff's assertion

원고는 피고 C이 ① 원고를 2회에 걸쳐 ㉠ 2013. 2. 19:00경 D, E, 원고와 함께 F 영화관에서 'G'이라는 영화를 보면서 오른쪽 다리를 벌려 피고 C의 옆에 앉아 있던 원고의 왼쪽 다리에 닿으려고 하였고, 갑자기 원고의 팔짱을 끼고 피고 C의 왼손으로 원고의 가슴을 만져 강제추행하고, ㉡ 2013. 8. 29. 저녁경 순천시 H에 있는 I노래방 특실에서 원고의 생일축하모임에 참석하여 원고의 옆자리에 앉아 다리를 벌려 원고의 다리를 비벼대고 원고와 블루스를 추던 중 한 손으로 원고의 엉덩이를 만져 강제추행하고, ㉢ 2013. 9. 7. 19:30경 J 내 K 콘서트장에서 원고 등과 함께 공연을 관람하던 중, 공연이 소란스럽고 사람들이 흥분하여 공연에 심취해 있는 상황을 틈타 그 옆에 서 있던 원고의 엉덩이를 만져 원고를 강제추행 하고, ② 2015. 2.경 위 강제추행 사실에 대하여 광주지방법원 순천지청에 '원고를 강제추행한 사실이 없음에도 허위로 고소장을 작성하여 무고하였다'는 내용의 고소장을 제출하여 원고를 무고하고, ③ 2013. 10. 20.경 저녁 무렵 순천시 L에 있는 M 식당에서 원고와 다른 여교수들과 함께 저녁식사를 하는 자리에서 '일본의 야쿠자들은 처음 여자를 사귈 때에는 돈으로 여자의 마음을 사고, 나중에는 섹스로 여자를 잡아둔다', '일본에서는 부부가 바꿔서 성관계하는 것이 있다' 등의 발언을 반복하여 성희롱하는 등으로 각 불법행위를 하였고, 피고 학교법인 B(이하 '피고 법인'이라 한다)은 총장인 피고 C의 불법행위를 감독하여야 할 의무가 있음에도 이를 소홀히 하였으므로 피고 C과 피고 법인은 공동하여 원고에게 위자료 30,000,000원 및 이에 대한 지연손해금을 지급할 의무가 있다고 주장한다.

2. Determination

A. 1 Judgment on the argument

The facts that Defendant C was the president of the N University established and managed by the Defendant Corporation from April 29, 201, and that the Plaintiff was a full-time lecturer, an assistant professor, and an assistant professor, and the facts that the Plaintiff was prosecuted against Defendant C due to the following facts as alleged by the Plaintiff:

However, comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 1 and 3, the Gwangju District Court's Netcheon Branch (2015Gohap126) acquitted the plaintiff on September 5, 2017 on the grounds that it is difficult for the plaintiff to believe the plaintiff's statement, D, and P's statement as to the non-guilty part on the grounds that the remaining evidence, including Q Q's statement, submitted by the prosecutor alone, are not sufficient to prove that the facts charged are reasonable beyond the part alleged by the plaintiff. Accordingly, the defendant C appealed appealed on the part found the defendant guilty on the grounds of mistake of facts and violation of the rules of evidence against the rules of evidence, and the Gwangju High Court's judgment (2017No438) dismissed the prosecutor's appeal on April 26, 2018 on the grounds that there were no errors in the rules of law regarding the non-guilty part and the judgment of the court below on the non-guilty part under paragraph (1). However, the prosecutor's appeal was dismissed on July 26, 2018, etc.

According to the above facts, the evidence submitted by the plaintiff alone is insufficient to recognize the tort of the same contents as that of the plaintiff's assertion 1, and there is no other evidence to acknowledge it. Therefore, the plaintiff's assertion in this part is rejected.

B. Judgment on the argument

The evidence submitted by the Plaintiff alone is insufficient to recognize that the contents of the Defendant C’s accusation that the Plaintiff filed a complaint against Defendant C through indecent act by compulsion, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion against the Defendants in this part is not acceptable.

C. Judgment on the argument

1) Relevant legal principles

All citizens have the right to pursue happiness with dignity and value as human beings and to realize this, personal interests or personality rights of each individual must be respected and protected by law. In particular, an act of expressing sexual interest to one party in a male and female relationship is natural. However, it is not permissible to allow it to the extent that it damages the dignity of human beings and causes mental suffering by infringing other party’s personality rights. In addition, the illegality of a certain sexual expression act is determined in accordance with rule of experience, comprehensively taking account of specific circumstances such as the age or relationship between both parties, place and situation where the act was committed, sexual motive or intent, existence of sexual motive or intent, other party’s explicit or presumed response to the act, contents and degree of the act, and whether the act continues in a single or short period of time, or in light of sound common sense and practice of the community. In addition, it is evident that a person who has suffered infringement on other party’s personality rights due to the other party’s sexual expression act is in violation of good morals or social order (see, e.g., Supreme Court Decision 2005Da3935.

2) Determination

가) 피고 C이 피고 법인이 운영하는 N대학교의 총장인 사실, 원고가 당시 N대학교의 O과 교수였던 사실은 앞서 본 바와 같고, 갑 제8 내지 15호증의 각 기재에 변론 전체의 취지를 종합하면 피고 C이 2013. 11.경 저녁 무렵 순천시 H에 있는 M 식당에서 원고와 다른 교수들인 D, E, R, S, T, U과 함께 한 회식자리에서 '일본의 야쿠자들은 처음 여자를 사귈 때에는 돈으로 여자의 마음을 사고, 나중에는 섹스로 여자를 잡아둔다'는 등의 발언을 한 사실이 인정된다.

According to the above legal principles and the above facts of recognition, Defendant C’s above remarks constitute a tort since they constitute an unlawful act that infringes on Plaintiff’s personality right, in light of the relationship between the Plaintiff and Defendant C, both ages, places where remarks were made, and contents, merely a mere cryp or president permitted in daily life in light of social norms, beyond the crypary behavior against the professor belonging to the Plaintiff, and thereby making the Plaintiff feel sexual humiliation and aversion.

In addition, the above tort is committed by Defendant C, the president, in the form of a conference with the N UniversityO of the defendant corporation, and is related to the employer's execution of business affairs, and thus, the defendant corporation's liability is established.

B) In light of the relationship between the Plaintiff and Defendant C, both ages, places, contents, frequency, etc. of their remarks, consolation money against the Plaintiff shall be set at KRW 3,00,000,000.

C) Therefore, the Defendants are obligated to pay to each of the Plaintiff 3,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 21, 2016 to October 16, 2018, which is the date of the instant judgment that is appropriate to dispute the existence and scope of the Defendants’ obligation to perform, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted on the grounds of the above recognition scope, and the remaining claims are dismissed as they are groundless.

Judges Park Jong-sung