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(영문) 의정부지방법원고양지원 2020.05.27 2019가단88336
손해배상(기)
Text

1. Defendant B Co., Ltd.: 4,000,000 won and 5% per annum from February 3, 2019 to May 27, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff joined the Defendant Company B (hereinafter “Defendant Company”) around October 2013 and served until October 10, 2016.

Defendant C is an internal director of the Defendant Company.

B. The Defendant Company’s Staff D, from August 2015 to October 2016, 2016, downloaded and viewed video images from the workplace office used by the Plaintiff with the Plaintiff while working with the Plaintiff.

C. On August 2016 and September 2016, the Plaintiff became aware of the aforementioned actions of D and demanded the Defendant Company to take appropriate measures against the above activities of D.

Defendant Company given D instructions to delete video images that they had to go to D and to go to the Plaintiff, but D continued such acts without complying with the instructions given by Defendant Company.

The Defendant Company did not take such additional measures as disciplinary action against Defendant D’s above acts.

The plaintiff filed a lawsuit claiming damages against D with the defendant (Jayang District Court Decision 2017Na536, Jayang-si, High Court Decision 2017Na21294), and on February 12, 2019, the appellate court of the above lawsuit (Jaean District Court Decision 2017Na21294), rendered a judgment that "D shall pay consolation money to the plaintiff KRW 7 million and its delay damages to the plaintiff," which became final and conclusive.

E. Around March 2017, the Plaintiff filed a petition with the Defendant Company with the Goyang-gu Regional Employment and Labor Agency, and the Goyang-gu Regional Employment and Labor Agency issued the Defendant Company a corrective order on the imposition of a fine for negligence due to non-performance of education for prevention of sexual harassment, disciplinary action against an actor of sexual harassment, or other similar action.

On March 20, 2017, the Defendant Company decided and notified the disciplinary action such as reduction of salary for three months to D in accordance with the above corrective order.

[Reasons for Recognition] Unsatisfy, Gap 9, 11-13 evidence, Eul 5 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion D can be recognized within the workplace office where the Plaintiff works as the Plaintiff from August 2015.

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