2018 Ghana 5027242 Damages (ar)

1. A;

2. B

3. C

4. D;

5. E.

6. F;

7. G.

8. H;

9. I

10. J

[Judgment of the court below]

[Defendant-Appellee] Defendant 1, Defendant 1, Defendant 1, Defendant 1

1. K;

2. L:

3. M.

Defendant 1, 2, and 3 Attorney Jung Young-young, Counsel for the defendant 1, 2, and 3

4. N Co., Ltd.

Law Firm LLC (LLC)

Attorney Lee Jae-hoon, Cho Nam-kon, Masung-jin

April 17, 2020

May 8, 2020

1. The plaintiff D:

(a) (1) Defendant K pays 2,000,000 won;

(2) Defendant L and M pay KRW 700,000 each of the money referred to in subsection (1) in collaboration with Defendant K;

(3) Defendant N Co., Ltd., jointly with Defendant K, shall pay KRW 500,000 each of the money referred to in paragraph (2) in collaboration with Defendant L and M among the money referred to in paragraph (1).

B. (1) Defendant K pays 2,000,000 won;

(2) Defendant N Co., Ltd. pays 500,000 won out of the money referred to in paragraph (1) in collaboration with Defendant K;

C. Defendant L shall pay KRW 2,000,000.

2. Plaintiff F:

(a) (1) Defendant K pays 2,000,000 won;

(2) Defendant L and M pay KRW 700,000 each of the money referred to in subsection (1) in collaboration with Defendant K;

(3) Defendant N Co., Ltd. jointly with Defendant K and jointly pay KRW 500,000, out of the money referred to in paragraph (1) to Defendant L and M, respectively.

B. Defendant K pays KRW 4,000,000.

3. Plaintiff A, B, C, E, G, H, and I:

(a) Defendant K shall pay 2,000,000 won, respectively;

B. Defendant L and M pay KRW 700,000 each of the money referred to in paragraph (a) in collaboration with Defendant K;

C. Defendant N Co., Ltd. jointly with Defendant K and jointly pay KRW 500,000, out of the money referred to in paragraph (1)(b).

4. Plaintiff J:

(a) Defendant K pays 2,000,000 won;

B. Defendant N Co., Ltd. shall pay KRW 500,000, out of the money in paragraph (a) of this Article, jointly with Defendant K.

5. The plaintiffs' remaining claims are dismissed.

6. The costs of lawsuit shall be borne by each person;

7.Paragraphs 1, 2, 3 and 4 may be provisionally executed.

○ Plaintiff D:

The Defendants jointly pay 5,000,000 won,

Defendant K and Defendant N Co., Ltd. (hereinafter “Defendant Company”) jointly pay KRW 5,000,000,000, and the Defendant L and the Defendant Company jointly pay KRW 5,000,000.

○ For the Plaintiff F:

The Defendants jointly pay 5,000,000 won,

Defendant K and the Defendant Company jointly pay KRW 10,000,000.

○ Plaintiff A, B, C, E, G, H, I, and J:

The defendants jointly pay 5,000,000 won each.

1. Facts of recognition;

A. (1) The Defendant Company is a corporation that entered into a service contract with the headquarters for the management of office buildings from January 1, 2015 to December 31, 2016 with the headquarters for the management of office buildings.

(2) Nonparty P Co., Ltd. (hereinafter “P”) is a legal entity that entered into a service contract with the headquarters for the management of office buildings from April 1, 2013 to December 31, 2014.

B. (1) Defendant K is the head of Defendant Company and P, who exercises overall control over the personnel affairs and administrative affairs of its employees, such as special guard units, guide units, etc.

(2) The Defendant L is the head of the Defendant Company and P’s management department, and the Defendant M is the head of the support department of the Defendant Company and P, who is in charge of the management, personnel management, and overall administrative affairs of its employees.

C. The plaintiff A et al. (excluding G and J) is the guidance personnel of the defendant company or P, and the plaintiff G and J are the special guard personnel of the defendant company or P.

D. (1) The Plaintiffs suffered an indecent act injury from Defendant K, L, and M, such as “the details of indecent act damage” as indicated in the separate sheet.

(2) In relation to this, Defendant K, L, and M were indicted as charges of indecent act by force, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.), and was convicted on January 15, 202 by Daejeon District Court (2019No704) (Defendant K was sentenced to a suspended sentence of two years in the month of imprisonment, Defendant L was sentenced to a fine of two million won in the month of a suspended sentence, Defendant L was sentenced to a fine of three million won in the month of a suspended sentence, and Defendant M was sentenced to a fine of one thousand five hundred,00 won

[Evidence A] Evidence Nos. 1 through 35, No. 1

2. Determination on the occurrence of liability for damages

A. As to Defendant K, L, and M

(1) The Plaintiffs suffered emotional distress due to each indecent act or joint indecent act committed by the Defendants. Therefore, the Defendants are obliged to pay the Plaintiffs damages with money.

(2) However, inasmuch as Defendant L and M were finally and conclusively rendered a judgment of not guilty with respect to the injury caused by the indecent act by Plaintiff J (see the above judgment), Plaintiff J’s assertion as to Defendant L and M is without merit.

B. As to the Defendant Company

(1) In light of the fact that K, etc.’s indecent act was conducted in the course of performing their duties in the plaintiffs’ work place, or was conducted in a revolving place after performing their duties, and that K, etc. is in a position that may affect certain degree of employment conditions of recruitment, continuous employment, promotion, and work rating of the plaintiffs (this is more so in that K, etc. had directed and supervised the plaintiffs as a P before the defendant company performing the service contract, and that the defendants and the plaintiffs succeeded to employment from P while performing the service contract) the act of indecent act such as K, etc. is deemed to be related to external and objective work performance of the defendant company, which is the employer, and thus, the defendant company is liable for the employer (see, e.g., Supreme Court Decision 2008Da89712, Feb. 26, 2009).

(2) On the other hand, Plaintiff D’s indecent act damage on the end of December 2014, Plaintiff F’s 2014, Plaintiff F’s indecent act damage on the part of the end of December, 2014, and the end of December 2014 occurred as a P prior to the Defendant Company’s performance of the service contract. Therefore, Plaintiff D and F’s assertion on the Defendant Company is without merit.

3. Determination as to damages amount

In addition, in consideration of the details and degree of damage caused by indecent conduct by the plaintiffs, the direction and supervision relationship between the plaintiffs and the defendant K, etc., the amount of compensation for the defendant K, etc. shall be determined as shown in the separate sheet, and further, the amount of compensation for the defendant company shall be determined as stated in the separate sheet, taking into account the fact that the defendant company suffered from indecent conduct within two months after the service contract, the fact that the plaintiffs and the

4. Conclusion

Therefore, the plaintiffs' claims are partly accepted.

Judge Kang Young-hun

A person shall be appointed.

A person shall be appointed.