The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a person working as the director in charge of planning the secretariat of the C Si/Gun/Gu Council from September 201, and the Defendant is a person working as the director in charge of job economy in the C Si Planning and Economy Bureau.

B. On November 22, 2019 and December 3, 2019, the Plaintiff filed an application for special paid leave with the Defendant from around 20:30 on November 20, 2019 to around 1:00 on November 21, 2019 on the ground that bullying in the workplace occurred, such as verbal abuse, bathing, property damage, etc. against the Plaintiff, etc. on the spot of a meeting between the Defendant and around 20:30 on November 21, 2019 and around 1:00 on November 22, 2019, and requested the Defendant to take disciplinary measures, etc. against the perpetrator, but the Defendant did not take any particular measure.

Article 76-2 (Prohibition of Harassment inside Workplace) An employer or an employee shall not engage in any act that causes physical or mental pain to other workers or worsens the working environment (hereinafter referred to as "bullying inside a workplace") beyond the appropriate scope of business by taking advantage of the superior advantage of his/her position or relationship at the workplace.

Article 76-3 (Measures in the event of Harassment) (1) Any person who becomes aware of the occurrence of harassment in a workplace may report it to an employer.

(2) Upon receipt of a report referred to in paragraph (1) or recognition of the occurrence of harassment in a workplace, an employer shall conduct an investigation to confirm such fact without delay.

(3) If necessary to protect workers who have suffered damage in connection with harassment in a workplace or workers who claim that they have suffered damage (hereinafter referred to as "victim workers, etc.") during the period of investigation under paragraph (2), the employer shall take appropriate measures, such as changing the place of work or issuing a paid leave order, for the relevant victimized workers, etc.

In such cases, no employer shall take measures against the will of the victimized worker, etc.

(4) If an employer confirms that harassment has occurred in the workplace as a result of the investigation under paragraph (2), the victimized worker shall do so.