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(영문) 부산고등법원 2017.03.08 2016나55769
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

In this case where the plaintiff citing the judgment of the court of first instance basically repeats the same argument in the court of first instance, this court's ruling is the same as the reasoning of the judgment of the court of first instance, except for adding the judgment in paragraph (2) after adding it to the judgment in paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article

Article 2 subparag. 2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter “Equal Employment Opportunity Act”) provides that “sexual harassment on the job” means that an employer, a superior, or an employee causes another worker to feel sexual humiliation or aversion by sexual words or actions, etc. using a position within the workplace or in relation to his/her duties, or gives any disadvantage in employment on the ground that he/she did not comply with any sexual words or actions or other demands, etc., and Article 12 of the same Act provides that an employer, superior, or employee shall not engage in sexual harassment on the job.

In order to establish sexual harassment under such provision, it does not necessarily require a sexual motive or intent to be established. In light of the specific circumstances such as the relationship between the parties, place and situation of the act, the other party’s explicit or presumed response to the act, the content and degree of the act, and whether the act was one-time or short term or continued to exist, it is objectively possible for the general and average person at the same location as the other party to feel sexual humiliation or aversion. Accordingly, it is sufficient to acknowledge that the other party to the act has caused sexual humiliation or aversion (see, e.g., Supreme Court Decision 2014Du4304, Feb. 12, 2015). Article 2 [Attachment 1] of the Enforcement Rule of the Equal Employment Act is as shown in the attached Table 1.

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