2015 Ghana 5165921 Damages, etc.

A

B

December 12, 2017

January 30, 2018

1. The defendant shall pay to the plaintiff 7 million won with 5% interest per annum from April 18, 2014 to January 30, 2018, and 15% interest per annum from January 31, 2018 to the date of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 30% is borne by the Plaintiff, and 70% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 10,000,000 won with 5% interest per annum from April 18, 2014 to the day on which the application for modification of the purport of the claim of this case and the cause of the claim of this case was served, and 15% interest per annum from the next day to the day of complete payment.

1. Summary of the parties' assertion

A. The plaintiff

The Defendant, as a professor of C University, was engaged in indecent acts and sexual harassment on two occasions at the Plaintiff, who was a treating professor of the same graduate school. In other words, on April 4, 2014, the Defendant committed indecent acts by compulsion, such as inducing the Plaintiff’s shoulder in MT from new graduate school students MT to put the Plaintiff’s shoulder in arms, and committing sexual harassment, which the Plaintiff and the Defendant agreed to have the students come to a well room. Furthermore, on April 18, 2014, the Defendant received F’s out of meetings with Plaintiff and E president F, etc., as the Defendant received F’s out of the conference. Such sexual harassment was committed by the Defendant’s indecent acts and sexual harassment, and the Defendant ought to pay consolation money of KRW 10 million to the Plaintiff as a tort.

B. Defendant

피고는 2014. 4. 4. 원고에게 '우린 친구야'라고 하며 가볍게 팔짱을 끼려고 했었는데 원고가 이를 거부하여 'A선생님은 나를 싫어해'라고 말하였고 실내에서 게임을 하다가 농담으로 학생들에게 웃자고 'A교수님과 방 잡아줘'라고 했을 뿐이다. 한편 2014. 4. 18.에는 F가 원고에게 이상형이라고 하여 피고는 농담으로 원고와 F에게 '두 분이 잘 해보라, 진짜 좋아하는 눈빛이다'라고 말했고, 모임을 마치고 F가 피고를 안은 후에 원고를 안으려고 하자 원고가 이를 거부하는 일이 있었을 뿐이다. 이러한 행위는 피고가 원고와 가까웠던 동료 교수로서 학생들에게 원고와의 친밀감을 보여주거나 F와 원고의 관계가 친한 사이인 줄 알고 농담을 한 것에 불과하여 성희롱에 해당하지 않는다.

2. Determination

A. In full view of the contents of evidence Nos. 2 and 11 and witness G testimony, the Defendant is deemed to have committed the following indecent acts and sexual harassment against the Plaintiff.

1) On April 4, 2014, at C University D Graduate School New Students, which is held in Jongno-gu Seoul Si H Housing, the Defendant drawn the Plaintiff’s shoulder into arms. The Defendant, depending on the Plaintiff’s hand, kiddds the back part of the Plaintiff’s timber, and kidds or kids the Plaintiff’s side by hand. The Defendant, who moved the Plaintiff’s seat, kids and kids the Plaintiff’s hand by cutting off the Plaintiff’s arms and cutting off the Plaintiff’s kids. As such, the Defendant, who moved the Plaintiff’s seat, kids and kids the Plaintiff’s hand by cutting off the Plaintiff’s arms and cutting off the Plaintiff’s kids, and the Defendant, who pathed the Defendant’s hand, said, “Isn’t want to see the Plaintiff’s hand,” and then, said, she would be well us have to go against our domestic students.

2) On April 18, 2014, the original and the Defendant discussed E and subsequent cooperation programs, which are between C University D Graduate Schools, and written a memorandum of understanding on the work, with the EF president, etc. In order to discuss the E and subsequent cooperation programs. In that place, the Defendant, at around 20:0, decided that the Plaintiff was refused to do so with the mind of the Plaintiff at around 20:00, and that F was in good faith and that the Plaintiff was in good faith, and that the Plaintiff was in good faith with F and F. The Defendant, after completing a meeting, made the Plaintiff and F so that the Defendant would go to face each other by pushing ahead with each other.

B. Acknowledgement of the Plaintiff’s assertion and recognition of the Defendant’s indecent act by compulsion and sexual harassment is based on the following circumstances, which can be seen in full view of the evidence believed above and the facts indicated in this court.

1) On February 23, 2015, two graduate students of C University D graduate schools submitted written applications to the Gender Counseling Center on an anonymous basis on February 23, 2015, and there was a fact that the Defendant, in MT on April 4, 2014, committed sexual harassment on the Plaintiff’s arms and descendants unnecessary and repeatedly against the Plaintiff, etc.

2) Although the Plaintiff’s act of sexual harassment committed by the Defendant on January 30, 2015, when making a telephone call with the Defendant on April 18, 2014, together with F, etc., the Defendant merely stated that the Plaintiff and F was aware of a close relationship with the Plaintiff and F, and did not deny the Plaintiff’s act of sexual harassment. The Plaintiff and F merely appear to have been aware of the relationship between the Plaintiff and F through their work and did not deny the Plaintiff’s act of sexual harassment. The Plaintiff and F did not have any grounds to grasp the Defendant due to the relationship between the Plaintiff and F, to the extent that they would allow the Plaintiff to return to work. Therefore, the Defendant’s vindication cannot be accepted.

3) On April 4, 2014, the Defendant was indicted by the Seoul Central District Court 2016Kadan8489 on the charges of indecent act by compulsion, which led to the Defendant’s act of drawing the Plaintiff’s shoulder into his arms, and the trial is in progress. The Defendant’s assertion that the Plaintiff appeared as a witness who participated in the above MT and testified with the Defendant at the time of the trial, and the Plaintiff testified to the effect that the Plaintiff appeared as a witness of this case who participated in the above MT, and the Plaintiff testified to the Defendant that he was a large amount of the Plaintiff’s own voice.

C. The Defendant’s sexual speech and behavior constituting the above sexual harassment as well as the indecent act committed by the Defendant constitutes a tort that makes a general and average person feel sexual humiliation or aversion, and thus, the Defendant should pay consolation money appropriate for the Plaintiff’s mental suffering.

D. The Plaintiff, who was to be a professor of the Cuniversity D graduate school, is deemed to have been unable at the time to cope with the Defendant’s sexual harassment, etc., which is the principal of the C University D graduate school, taking into account the fact that the Defendant was in charge of an important position, such as the number of universities and the principal of the graduate school, but appears to have made a sexual speech and behavior that could cause problems to other female professors and students, taking into account the fact that the Defendant’s compensation amount is KRW 7,00,000,000.

E. Therefore, from April 18, 2014, which is the date of the last illegal act, the Defendant ought to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 30, 2018, which is the date of the instant judgment, until January 30, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from January 31, 2018 to the date of full payment.

3. Conclusion

It is reasonable to accept only the above part of the plaintiff's claim, and the remainder is dismissed as it is not acceptable. It is so decided as per Disposition.

Judge Kang Sung-soo