(영문) 부산지방법원 2016.12.06 2015가단236673

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(영문) 부산지방법원 2016.12.06 2015가단236673

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 11, 2013, the Plaintiff was established for the purpose of industrial safety management agency business and other incidental business, and was designated as a specialized safety management agency by the Ministry of Employment and Labor, and the Defendant was employed as the Plaintiff’s director until October 11, 2016 after its establishment.

B. On November 1, 2013, the Plaintiff held a board of directors and resolved as follows: “The material and legal responsibilities of each individual generated in the course of corporate business activities shall be borne by a corporation; exceptionally, the case arising from an individual act committed in violation of the current law; and where each individual’s intentional act was inflicted on a corporation, the party shall be held with all physical, civil, or criminal responsibilities (hereinafter “instant liability distribution clause”).”

C. On February 12, 2014, the Plaintiff entered into a business agreement (hereinafter “instant business agreement”) with C, D, and E (hereinafter “C, etc.”) regarding the performance of the duties of general safety management on behalf of the head of a project subject to the duty to appoint safety managers under the Occupational Safety and Health Act, with the term of the contract from February 12, 2014 to November 30, 2016, with respect to the performance of the duties of general safety management on behalf of the head of the project subject to the duty to appoint safety managers under the Occupational Safety and Health Act, with C, etc. as the agency authority for the workplace managed by C, etc., and the Plaintiff shall be fully liable for damages to C, etc. due to legal disputes, etc. with any third party other than the contractual parties. The contract amount of C, etc. shall be the sum of the ordinary agency, membership management, and the payment of the general business performance deposit shall be 70% of the fees for the workplace owned by C, etc., and the remainder 30% shall be reverted to the management fee for the Plaintiff.

After the instant work agreement, C served as the Plaintiff’s head, D as the Plaintiff’s vice head, and E as the director of the Plaintiff’s division, respectively.

E. On June 3, 2015, the Busan Regional Employment and Labor Office shall be the Occupational Safety and Health Act on the following grounds:

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