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(영문) 수원지방법원 2017.08.08 2016가합82320
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.The following facts do not conflict between the Parties:

On February 15, 1994, the network D (hereinafter referred to as the “the network”) started work as a faculty member at the E University operated by the Defendant, and committed suicide at the deceased’s home around November 29, 2013 while working at the Industry-Academic Cooperation Foundation for the E University from April 1, 2010.

B. The Plaintiffs are the parents of the deceased, who are bereaved families of the deceased.

2. The Defendant asserted that the deceased’s employer, as an employer of the deceased, committed suicide due to a mental disorder, such as an excessive stress on duty, by improving a physical environment so that the deceased does not harm the life and body of his/her workplace life, and by granting excessive work to the deceased despite his/her duty to take necessary measures.

Therefore, the defendant is liable for damages caused by default or tort against the deceased.

As such, the deceased's heir is obligated to pay damages equivalent to 5% per annum from November 29, 2013 to the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of complete payment.

3. Determination

A. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing labor. In the event that an employee suffers damage by violating such duty of protection, the employer is liable for compensating for such damage. However, barring any special circumstance, the accident has relevance to the employee’s work, as well as the accident is ordinarily anticipated or predicted.

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