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(영문) 서울중앙지방법원 2020.10.29 2019가단5055480
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is the president of the Sinri-si, the Defendant is the head of the Sinri-si, and the Plaintiff was employed by the Defendant and worked as an assistant nurse at the above hospital around November 2015.

However, from January 2017 to April 2017, the Defendant committed an indecent act against the Plaintiff in the medical room, etc. in the above hospital. From January 2017 to April 2017, the Defendant used force on the medical room, etc. in the above hospital or in the parked vehicle.

In addition, with respect to the Defendant’s crime of sexual harassment in the workplace as seen above, the Defendant demanded the Plaintiff to make a recommendation to the Plaintiff due to the defect of the report, and eventually dismissed the Plaintiff as an employee in violation of the Equal Employment Opportunity Act.

The plaintiff suffered a big mental suffering due to the above tort committed by the defendant. Thus, the plaintiff claims against the defendant for the payment of 50 million won and damages for delay based on the tort.

2. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant, as alleged above, committed an indecent act or rape by force against the Plaintiff over several occasions, as alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Rather, comprehensively taking account of the overall purport of arguments in the statements in Eul evidence Nos. 14 through 16 (including the number of branch numbers), the defendant was investigated by the investigative agency on charges of indecent act by official force, etc., other than the supervisor, and the use of communications media, and the defendant was investigated by the investigation agency on December 26, 2019. The plaintiff and the defendant had sexual intercourse, etc. under mutual agreement between the plaintiff and the defendant on December 26, 2019 as Seoul Central District Prosecutors' Office 2019, on the grounds that they seem to have given and received physical photographs, etc.; ② The plaintiff filed an application for adjudication against the above non-prosecution disposition.

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