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(영문) 대법원 2019.10.17 2019도10981
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The court below maintained the first instance court which convicted of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) listed in the attached Table 2 Nos. 1, 2, 4 through 6, 8 through 12, 14, and 25 of the crime list of the judgment below among the facts charged in this case. The judgment of the court below and the first instance court are as follows.

C복지관(이하 ‘C복지관’이라 한다) 부장인 E가 2015. 4. 17. F가 임신하였다는 말을 듣고 ‘내가 걔 면접 볼 때 둘째 안 갖겠다고 해서 뽑았는데, 이래서 가임기 여성들은 다 잘라버려야 돼’라는 취지의 발언(이하 ‘이 사건 발언’이라 한다)을 하였음이 알려졌다.

B. The Defendant and F, the person in charge of the operation of the C Welfare Center, who was the person in charge of the instant remarks, held several meetings of employees, made E and related persons publically apology upon F’s request, and made E and E submit a written vision to E, but the Defendant and F were insufficient.

C. On the other hand, on June 26, 2015, the C Welfare Management Officer posted a letter to the Defendant on July 31, 2015, stating that “The Defendant, as of July 31, 2015, notified the Defendant of the termination of the labor contract, was sexually discriminated against the victim, infringed on human rights, fabricated the instant case related to the instant speech, and distorted the Defendant.”

On December 28, 2015, the defendant filed an application for non-regular workers with the Gyeonggi Regional Labor Relations Commission for the relief of discrimination, and the mediation was concluded on December 28, 2015 that "the payment of 2,917,800 won is to verify the termination of all claims arising from the employment relationship, and shall not raise any civil, criminal and administrative objection in the future." The reason is that the National Human Rights Commission determines that there is no need for separate measures against the F's petition on May 25, 2016.

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