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(영문) 서울중앙지방법원 2016.01.15 2015가단5310424
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The labor union of the Defendant Company engaged in the strike from June 9, 200 to August 21, 200, and from the end of the strike to the end of the strike, there was a serious radius between the union members who participated in the strike (hereinafter “after-the-counter union members”) and the union members who returned to work first (hereinafter “pre-returning union members”).

B. At this time, the Plaintiff, an employee of the Defendant Company, investigated the assault case of the returned members of the Defendant Company, and prepared and submitted a witness statement to the Defendant Company Personnel Committee.

C. The Defendant Company’s trade union and the members of their return to the trade union are dissatisfied with the Plaintiff’s above act, and the chairman C of the trade union and the head of the sericultural branch D, etc. from September 7, 2000 to February 14, 2001, posted a written public notice, etc. stating that they slandered the Plaintiff on the employees’ restaurant, etc., or posted it on the Internet bulletin board, and submitted it to the general manager of the Defendant Company with the signature of paragraph (1) from other employees.

The plaintiff filed a criminal complaint against the above C, D, etc., and C was sentenced to a fine of KRW 1.5 million on July 16, 2004 due to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Seoul Eastern District Court 2002Kadan5040), and D was sentenced to a fine of KRW 1 million on February 25, 2005 (Seoul Central District Court 2003No1527).

E. On February 22, 2002, the Plaintiff also filed a lawsuit claiming damages against the Defendant Company’s trade union, C, and D (Seoul Southern District Court 2002Gahap2141) and was sentenced to a partial winning judgment on October 6, 2005 to “the Defendant Company’s trade union, C, and D jointly and severally pay to the Plaintiff KRW 30 million and delay damages therefor,” and the said judgment became final and conclusive as of December 27, 2007.

F. The plaintiff, while fulfilling the direction of the defendant company, has returned to the plaintiff, as above.

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