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TITLE Supreme Court Decision 2017Da51603 Decided December 24, 2020 [full Text]
Summary
[1] Whether intangible damages, which may not be quantifiably estimated but are capable of monetary assessment under generally accepted social ideas, are included in non-economic damages prescribed in Article 751(1) of the Civil Act (affirmative), and whether such claims for non-economic damages constitute an independently unique subject matter and should thus be treated as a single unity in a lawsuit (affirmative)
[2] In a case where an employer’s domination and interference with the formation and administration of a trade union are considered as unfair labor practice to the point that it is intolerable in light of sound and healthy social norms and generally accepted social ideas, whether the employer is obligated to pay a solatium award for the non-economic damages incurred by the trade union (affirmative)
[3] Whether the calculation of the amount of a solatium payment for non-economic damages arising from a tort falls within a trial court’s discretionary authority (affirmative)
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