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(영문) 대전지방법원 2015.12.23 2015가합100543

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A’s KRW 23,680,300 and the annual rate of KRW 5% from September 12, 2012 to September 30, 2015; and

Reasons

1. Basic facts

A. The Defendant is a local government that establishes and operates a G middle school. At the time of 2012, H, a public educational official under its jurisdiction, was the principal of the G middle school, and I was a teacher in the first half of the year in which the Plaintiffs belonged.

B. The Plaintiffs were secondary students admitted to G middle schools around March 2012, and ① Plaintiff A, from around April 2012 to September 11, 2012, was committed by J, K, L, M, N,O, P, Q, Q, P, Q, Q, S, T, U, V, W, X (hereinafter “aggress”), and ② Plaintiff D was committed by each indecent act, assault, etc. from K, L, and R among the above aggressors (hereinafter “the instant harmful act”).

C. As a result of the instant harmful act, Plaintiff A suffered injury, such as brain-dead, external stress disorder, etc., and Plaintiff D suffered injury, such as salt brush, human sale, etc.

Meanwhile, the Plaintiffs filed a lawsuit against the person with parental authority over aggressor students in this Court No. 2014Gahap6217, and was sentenced to partial winning judgment on October 7, 2015.

(hereinafter referred to as "related case"). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 4 through 9, 11, 15, 18, 25 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The principal of a school or a teacher established and operated by a local government of the relevant legal doctrine is obligated to protect and supervise students on behalf of a legal supervisor, such as a person with parental authority, if the accident is anticipated to normally occur in educational activities in a school and living relationship closely indivisible to the former, or if predictability exists in the specific risk of an accident.

The predictability shall be determined in consideration of the time and place of educational activities, the ability and conduct of the perpetrator, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances, and where predictability exists, the principal of the school or the teacher shall be obliged to protect and supervise the offender.