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(영문) 수원지방법원 2020.02.03 2019나65290
손해배상(국)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. It is unreasonable to recognize consolation money as KRW 3,00,000, even though the defendant did not take a disciplinary action under the intention to put the plaintiff at a disadvantage.

2. Determination

A. 1) The Plaintiff is a person who served as a postmaster of B post office, a special post office, located within the border regional administration, to which the Defendant affiliated Korea Post belongs, and the Defendant is an employer who pays wages and bonuses to the Plaintiff. 2) On February 20, 2012, the head of the border regional administration, the Defendant-affiliated Korea Post, upon the result of the Special Post Office Disciplinary Committee, went against the provisions of Article 17 (Duty of Fidelity) of the Rules on Personnel Management of Special Post Offices and Article 18 (Establishment of Work Hours) of the said Rules, and was subject to disciplinary action during one month of suspension from office, on the ground that it disturbs accounting order.

3) On March 26, 2012, the Plaintiff filed a lawsuit seeking revocation of a disciplinary action with the Suwon District Court against the head of the relevant Daejeon District Administration, and on April 13, 2018, the Plaintiff was rendered a final and conclusive judgment in favor of the Plaintiff that “the Defendant revoked the disciplinary action for one month of suspension from office against the Plaintiff on February 20, 2012.” The Suwon District Court Decision 2012Guhap381, Seoul High Court 2012Guhap381, Seoul High Court 2012Nu36271, Seoul High Court 2012Du36275, Seoul High Court 2013Du12935, Seoul High Court 2018Nu144), but the Defendant paid the benefits, various allowances, and losses for delay during the period of the said disciplinary action.

The amount of damages for delay shall be as follows:

① Damages for delay of KRW 1,260,119 for delay of KRW 4,156,060 for the total unpaid amount in 2012 ② KRW 1,19 for delay of KRW 891,240 for the total unpaid amount in 2013 ③ KRW 1,195,125 for delay of KRW 1,036,310 for the total unpaid amount in 2014 ④ KRW 205,476 for delay of KRW 589,120 for the total unpaid amount in 2015 ⑤ KRW 84,051 for delay of KRW 135,280 for the total unpaid amount in 2,760,093 for delay of KRW 135,280 for the total unpaid amount in 2016 (based on recognition); there is no dispute over the fact that there is no dispute over KRW 1,1.

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