beta
Text
1. The defendant shall not access the plaintiff against the plaintiff's will or visit the plaintiff's residence and workplace.
Reasons
1. Facts of recognition;
A. A. Around September 2017, the Plaintiff began with the Defendant, and notified the Defendant of his/her objection on his/her annual relationship. On June 2018, the Plaintiff notified the Defendant of his/her objection.
B. However, from June 2018 to April 2019, the Defendant sent a text message or e-mail with a statement that calls the Plaintiff over several times between the Plaintiff and the Plaintiff, or criticizes the Plaintiff or feel a serious humiliation or sexual humiliation. This has been repeated even though the Plaintiff changed the phone number.
C. The Defendant filed a summary order with the Busan District Court for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 to 57, and the purport of the whole pleading
2. Determination:
A. The judgment on personal rights as to the claim for prohibition of access is difficult to completely recover from damage by means of its nature only after infringement (such as monetary compensation or restoration of honor) and it is difficult to expect the effectiveness of the damage transfer. As to infringement of personal rights, the claim for prohibition of infringement, such as suspension of and prevention from infringement is also recognized as preventive measures (see, e.g., Supreme Court Decision 93Da40614, Apr. 12, 1996). According to the above legal principles, the above act of the defendant constitutes a tort that infringes on the right to pursue a peaceful life based on the plaintiff's personal rights. However, the above act of the defendant constitutes a tort that infringes on the right to pursue a peaceful life based on the plaintiff's personal rights. As at the date of the closing of argument in this case, there is still a possibility that the defendant may infringe on the plaintiff's above rights, and the order of monetary compensation to the defendant against such infringement is larger than the disadvantage of the defendant.