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(영문) 전주지방법원 2020.11.05 2019나11558

손해배상(기)

Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

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

Reasons

1. Basic facts

A. On September 2017, the Plaintiff transferred to the third third and third grade of the F Elementary School where E was enrolled (hereinafter “instant school”).

Defendant C and D are parents of E, and Defendant Jeollabuk-do is a local government that establishes and operates the school of this case, and is the subject of the administrative affairs related to education.

B. From April 2018, E took away the Plaintiff’s physical disease during on-site learning, demanded money from the PC room around August to September 2018, and threatened him/her that he/she would be imprisoned, and on October 30, 2018, he/she was bullying by means of playing, etc. continuously from September 2017 to October 2018, such as the time when he/she was shot at the classroom or corridor during the cleaning hours, such as the time when he/she was shot away from the classroom or corridor during the cleaning hours.

(hereinafter “instant harmful act”). C.

On November 14, 2018, the instant school held the Autonomous Committee on Countermeasures against School Violence, and on November 15, 2018, on November 15, 2018, the instant school issued to E a disposition of suspension of attendance for five days and five hours of special education regarding the instant harmful act, and issued a disposition of suspension of attendance for five hours of special education for five hours of education for E’s parents.

On November 8, 2018, the Plaintiff was diagnosed by G Hospital to take anti-competitive agents for at least two years at a minimum of 2 years due to the national origin, and on September 6, 2019, the Plaintiff was diagnosed as a friendly disorder and uneasiness in H mental health clinic and was treated as a patient.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of Defendant C and D’s responsibility, E committed the instant harmful act. At the time, Defendant C and D did not have the ability to change responsibility for its own act from the third to fourth students of the elementary school of 8 to 9 years of age. Defendant C and D are parents of E, and they do not commit such unlawful act as assaulting another’s child, etc.