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(영문) 서울중앙지방법원 2016.12.30 2015가단141098
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 17, 2015, the Plaintiff worked for the Defendant Company’s B stores (hereinafter “instant branch”) as the Defendant Company’s delivery employees during night hours.

At the time, the plaintiff's superior was Rayer C.

B. On April 8, 2015, the Plaintiff and C had a serious horse or dispute during night duty, and the Plaintiff told C to the effect that “I would file a criminal complaint if I wish to do so only once.”

After the above speech dispute, C expressed that “I would know that I would have expressed to the Plaintiff, in an interview with the vice-place D of the instant branch, that “I would have knowingly known that I would have expressed to the Plaintiff that I would have been wrong.”

C. Since then, the Plaintiff requested the head of the instant branch office E, etc. to take disciplinary measures against C several times.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. On April 8, 2014, at the instant branch, C expressed the Plaintiff’s assertion that “A, while providing business education to the Plaintiff at the instant branch, he/she was aware of the Plaintiff’s desire to read the Plaintiff as having been employed by the customers and employees, as seen earlier.”

(2) On May 26, 2015, the Plaintiff and the head of the instant branch, strongly demanded the head of the instant branch E to take disciplinary action against C, and E reported the request to the personnel team of the Defendant Company to take disciplinary action against C, but the Defendant Company completed the written warning without taking any disciplinary action against C. However, around May 26, 2015, C, in the instant branch, as seen earlier, had other employees and customers look at the Plaintiff within the instant branch. In addition, around May 26, 2015, at the same time, the Plaintiff took a bath or intimidation (hereinafter referred to as “the second act”). The Plaintiff suffered from serious mental suffering due to the instant act, and thus, the Defendant Company, the employer, as the employer, was the Defendant Company.

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