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| TITLE | Supreme Court Decision 2016Da202947 Decided December 22, 2017【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] In a case where an employer either dismissed or took any other disadvantageous measure against an employee who was either victimized by sexual harassment or is claiming sexual harassment in the workplace, whether such case constitutes tort as stipulated by Article 750 of the Civil Act (affirmative in principle) Standard for determining whether the employer’s disadvantageous measure taken against the victimized employee is unlawful Allocation of the burden of proof on whether the disadvantageous measure taken against the victimized employee has no relevance with sexual harassment or there exists a justifiable reason (held: employer) [2] In a case where an employer took an unjust and disadvantageous measure against an employee ― a colleague who helped an employee who was either victimized by sexual harassment or is claiming sexual harassment in the workplace ― and thus caused emotional distress, whether that victimized employee or colleague may hold the employer liable for tort pursuant to Article 750 of the Civil Act (affirmative) Whether in such case the employer is liable for compensation to the extent of either having known or could have known of the damage incurred on the part of the victimized employee or colleague (affirmative) Standard for determining the existence of predictability [3] In the event an investigation is conducted regarding sexual harassment in the workplace, whether the investigation participant has the duty of confidentiality (affirmative) Whether the employer is required to instruct the investigation participant to comply with the duty of confidentiality (affirmative) In a case where an employee intentionally committed a wrongful act, such as sexual harassment, against another person, requirements to deem that such case constitutes “performing a specific affair,” which is an element for the establishment of employer’s liability |
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