2012 Gohap7874 Damage (as defined)

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Attorney Yang Young-young et al., Counsel for the plaintiffs

A person shall be appointed.

May 9, 2013

June 13, 2013

1. The defendant shall pay to the plaintiff A 40,00,00 won, 10,000 won, 7,000, and 00 won to the plaintiff C, and 5% per annum from October 25, 2012 to June 13, 2013, and 20% per annum from the next day to the day of complete payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 is borne by the Plaintiffs, and 1/3 by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff A 81, 600, 433 won, 30 million won to the plaintiff B, 20 million won to the plaintiff C, and 20 million won per annum from the day following the delivery of the copy of the complaint of this case to the day of complete payment.

1. Basic facts

A. On October 6, 2009, the Defendant had been working as the director general in charge of news gathering and editing reporters of E Daily, and had the Plaintiff A, who was employed by the side as a trainee on the day of around October 6, 2009, had sexual intercourse with the Plaintiff A, who lost his mind by drinking alcohol separately under the pretext that the Plaintiff A would receive a duty of occupational quality from his superior.

B. Although Plaintiff A issued the following resignation table, the Defendant, without returning it, demanded the Plaintiff A to continue to engage in a sexual intercourse by using the Plaintiff’s wife or threatening the other party to know the relationship between the two persons, which is difficult to find employment due to the first generation of society. Accordingly, the Plaintiff’s departure of the foregoing newspaper on March 4, 2010, while Plaintiff A’s internal address was known and the existence of any inappropriate remaining in the said newspaper company was disclosed.

C. Since then, the Defendant called the Plaintiff A to find employment in F department G, and demanded the Plaintiff A to seek an officetel in Japan. While the Plaintiff resided in the Public Notice Board to restrict the Defendant’s entry, the Defendant sought a sex relationship with the Plaintiff at that place. However, the Defendant also demanded a sex relationship with the Plaintiff at the Plaintiff’s workplace employed in H department work, and if the Plaintiff’s workplace employed in H department work, demanded a brupted gender relationship with the Plaintiff’s sexual intercourse, and demanded a sexual intercourse with the Plaintiff’s workplace, and if the Plaintiff refuses this request, the Plaintiff’s sexual assault was one of the members of the Plaintiff’s workplace. The Plaintiff did not make the Defendant’s intimidation, as seen above, and the Plaintiff did not have a sex relationship once a week with her mother or hotel.

D. The Defendant: (a) on February 1, 201, when Plaintiff A worked in the I Foundation from around February 1, 201 to around March 20, 201; (b) on the ground that Plaintiff A did not receive a Handphone; (c) on the ground that Plaintiff A did not receive a Handphone; (d) reported the police to the police and was subject to a police station investigation; and (d) on the case of assault, the Defendant agreed that the Defendant’s assault was revealed in the police investigation; (d) the Defendant demanded the Defendant not to contact with the Defendant on the terms of agreement. However, the Defendant sent the e-mail to the head of the headquarters and team who is a workplace employee, and the Plaintiff was recommended on March 31, 2011.

E. Meanwhile, on the other hand, the Defendant committed an act of rape, intimidation, information and communications network violation of the Act on Promotion of Use and Information Protection, etc. (Defamation) (hereinafter “instant crime”) against the Plaintiff as stated in the attached criminal facts (hereinafter “instant crime”). On May 25, 2012, the Defendant was sentenced to imprisonment with prison labor for two years and six months in the above court. On the other hand, the Defendant appealed as 2012Do000 and appealed as 2012do00, but the Defendant was sentenced to the dismissal of the appeal by the above court on November 2, 2012, but the C&C court was appealed as 2012Do00, but the final judgment became final and conclusive on January 14, 2013.

F. The Plaintiff A shows symptoms such as the continuous harassment of the Defendant and the instant crime, etc.

G. Plaintiff B and C are the parents of Plaintiff A. The Defendant repeatedly sent text messages, such as the Plaintiff’s pregnancy or complete walking, to Plaintiff B and C. The conflict between Plaintiff B and C was caused by the Defendant’s response to the instant crime, and the agreement was reached on May 23, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 8, Gap evidence 10 to Gap evidence 14 (including each number), the purport of the whole pleadings

2. Determination:

(a) Actual income;

The plaintiff asserts that, due to the e-mail sent by the defendant on March 31, 2011, the defendant was subject to recommendation from the Foundation, so the defendant is obligated to pay the plaintiff the lost income as damages.

According to the above facts and evidence No. 12, evidence No. 3-1, evidence No. 10, evidence No. 13, evidence No. 14-1, No. 2, 9, 11, and 12, Plaintiff A was employed in the I Foundation on February 1, 201, and the Defendant’s work head and team leader on March 31, 201 who were employed in the I Foundation “inter-regional relations” and sent to the Plaintiff and its work team leader on May 1, 200 and to the next address (such as fl, clothes, etc.) and then sent them to the Plaintiff’s e-mail 2. The reason why the Plaintiff, without any appraisal, cannot be said to be a new misunderstanding of the relationship between Plaintiff A and his head and his work team, is that he would have no longer see that it would have been done to the other.

However, dismissal or removal is so far as the employment relationship cannot continue by social norms.

The legitimacy of an employee's employment relationship with the employee is recognized in a case where there is a reason to assume responsibility for the employee. The issue of whether it is impossible to continue the employee's employment relationship with the employee is determined by comprehensively examining various circumstances, such as the purpose and nature of the employer's business, conditions of the workplace, the status of the employee in question and the contents of his duties, the motive and background of the misconduct, the influence of the employee's deceptive scheme on the company's business order such as the risk of disturbing the company's deceptive scheme, and the previous attitude of work (see Supreme Court Decision 201Du10455, May 28, 2002, etc.).

However, solely based on the fact that the Defendant sent the above contents to the head of the headquarters and the team leader of the Plaintiff A’s workplace, it is difficult to view that the Plaintiff was a ground for disciplinary action against dismissal, removal, etc. from the said foundation. Rather, the Plaintiff A voluntarily resigned from the said foundation due to a sense of shame, etc. due to the Defendant’s e-mail. Therefore, it is difficult to view that there exists a proximate causal relation between the Defendant’s act of sending the above e-mail to the Plaintiff’s workplace company and the resignation of the Plaintiff A, and there is no other evidence to acknowledge this.

B. Claim of consolation money

According to the above facts, the defendant continued to be bullying from the beginning of the beginning of the society, and the defendant committed the crime of this case against the plaintiff A, thereby causing severe mental distress to the plaintiffs who are the plaintiff A and their family members. Therefore, the defendant has a duty to compensate for it in money.

Next, we examine the amount of consolation money that the defendant is liable to compensate for to the plaintiffs. The content, process and method of the crime of this case, the result of the criminal case, the plaintiff A's age, the plaintiff's sexual relationship with the plaintiff Gap, the defendant's sexual relationship with the defendant was commenced due to rape. After that, the defendant was trying to adjust the relation with the defendant, and the plaintiff Gap refused to maintain relations with the plaintiff A while suppressing the plaintiff, and the plaintiff Gap's refusal to comply with his own intent by threatening the relationship between the two people in the vicinity. This result shows symptoms such as the plaintiff A's loss of two times or more work and the stress disorder after wound. The defendant's 0th day of this case's crime of this case's crime of this case's crime of this case's crime of this case's crime of this case's 0th day of death and 0th day of this case's sexual shock, and it seems that the plaintiff's sexual conflict between the plaintiff Gap and the defendant's oral argument of this case's 20th day of this case's sexual conflict.

C. Sub-committee

Therefore, the Defendant is obligated to pay as consolation money the amount of KRW 40 million to the Plaintiff A, KRW 10 million to the Plaintiff B, KRW 7 million to the Plaintiff C, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from October 25, 2012 to June 13, 2013, which is the date of the judgment of this case, which is the date of the judgment of this case, that the Defendant resists the scope of the Defendant’s obligation to perform, and the damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Therefore, the plaintiffs' claims of this case are accepted within the scope of the above recognition and each claim is dismissed as it is without merit. It is so decided as per Disposition.

Justices Kim Jong-soo

Judges Lee Gyeong-won

Judges Park Jong-young

Criminal facts

On October 14, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of false accusation at the Ulsan District Court, which was sentenced to two years of probation on October 22, 201, and is currently under probation after the judgment became final and conclusive, and is serving as the K Newspaper reporter in Seoul Central District Court.

In around 2009, the defendant was aware of the maximum of ○ (n, 27 years old) who was employed as a new reporter in the E Daily newsletter while serving as a postmaster in the E Daily newsletter.

1. Attempted rape;

On March 9, 2011, at around 00 0: (a) the Defendant, at the victim’s house located in Mapo-gu Seoul Metropolitan Government, tried to rape the victim by reporting that the victim is able to enjoy in the beds, when the Defendant, who was in possession of the victim’s studio ○○ to pursue the reason why the Defendant had the key to the victim’s house, went to ○○○ and entered the victim’s room.

After having prevented the Defendant from covering the Defendant’s body under the body of the victim who suffers from acute body infection, the Defendant she was unable to resist the Defendant’s body, and attempted to rape by sexual intercourse with the Defendant, but the Defendant did not commit an attempted crime with the strong expression of intent that the Defendant would not take the part of the Defendant’s body, along with the Defendant’s strong expression of intent that the Defendant would not take part in the Apnife.

2. Rape;

On March 13, 2011: around 00: Around 15: Around 00, the Defendant came to know out another house that the victim lives with the high ○○○, thereby leaving the victim, and putting the victim into the Defendant’s car, and then the Defendant tried in advance.

The Defendant went to a Ltel located in Jongno-gu Seoul Metropolitan City internal Dong. The Defendant went to the said officetel No. 1000, and the Defendant forced the victim to get off from the room set forth in the above 1000, and tried to make a drinking between the victim. As a means of the victim’s strong dusting, the Defendant tried to prevent the victim from breaking away from the floor by breaking down the victim’s body and force, putting the victim’s arms on the floor, putting the victim’s hand over, and resisting the victim’s body, and putting the victim’s arms on the part of the victim’s body, and putting the victim’s arms on the part of the victim’s body.

Accordingly, the defendant assaulted the victim to rape.

3. Intimidation.

A. At around 13:00 on March 20, 201, the Defendant assaulted the victim on the ground that the victim did not know the victim's high-person phone without being exposed to it, and reported directly to the police by the Defendant, the perpetrator, despite being aware of the victim's refusal to do so to the police station, the Defendant and the victim were to have the police officer for the assault case at the Seoul Yeongdeungpo Military Police Station. The Defendant, at the seat of the office of the above police station, was waiting together with the victim, while waiting together with the victim, was informed of the fact that the victim did not want to go to the police station, and the Defendant and the victim were to have the victim become a public official. The Defendant, at the seat of the office of the above police station, informed the victim of the fact that the victim did not have to go to the police station. The Defendant was able to have the victim's life as a public official without being agreed upon. The inside of the

Accordingly, the defendant threatened the victim.

B. From March 21, 201 to March 30, 201 of the same year, the Defendant called the Defendant’s mobile phone to the victim’s office located in Yeongdeungpo-gu, Ulsan-gu, with the Defendant’s mobile phone from March 21, 201 to March 30 of the same year, and appears to be “whether .....? is you look at the victim’s office of the victim’s company located in Yeongdeungpo-gu, U.S., and there is no reason to see why ....? .. is we look back at now? . I will not look back with the son’s parents even though ... I would like to go against the principle of no taxation and taxation. Whether I would like to go to know that I would like to go against the victim more than five times repeatedly.

Accordingly, the defendant threatened the victim.

4. Violation of the Act on Promotion of Information and Communications Network Utilization and Information.

On March 31, 201, the Defendant is aware of the fact that ○○○○○○○○○○○○○○○ is not a victim’s drinking at an insular location, and the Defendant’s executive officers know of the relationship between the Defendant and the victim so that the injured party may not work in the company; “Subet: re-reconcept: reorganization; arrangement of the relationship between the two; and 1. It is desirable to send clothes (b) inside the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○. The reason why the Defendant’s e-mail, such as the victim’s phone and e-mail, may not be said to be said.

Accordingly, the defendant has damaged the reputation of the victim by divulging facts openly through the information and communication network for the purpose of slandering the victim.