beta
(영문) 대전지방법원 2020.05.07 2019나101562

손해배상(기)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On October 7, 2013, while attending the second grade of the E elementary school located in Daejeon, Plaintiff A transferred from that time to another school on October 7, 2013. From that time, Plaintiff A continued to attend the F elementary school and transferred the F elementary school to another school before completing the sixth grade two semesters.

B. Plaintiff C is the mother of Plaintiff A, and Defendant D is a teacher in charge of the sixth grade 1 of the F Elementary School to which Plaintiff A belongs, and is a public official belonging to Defendant Daejeon Metropolitan City.

The defendant Daejeon Metropolitan City is establishing and operating the F Elementary School.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. The plaintiffs' assertion

A. After attending the second grade of the E Elementary School, the Plaintiff A was transferred to the second grade of the F Elementary School, and was led by G, one half of the same class students, and was subject to collective bullying from various equal students.

B. Plaintiff A had a smooth school life from the F Elementary School to the fifth year. Since the beginning of the sixth Year’s 1 semester, Plaintiff A was subject to collective play or harassment from other students in the sixth grade, such as H, and at the same time, Plaintiff A was subject to collective bullying from various female students in the form of not playing like Plaintiff A or communicating with Plaintiff A.

C. In the second half of the sixth-year semester, Plaintiff A was subject to bullying in such a form as either intentionally disregarding from I, J, and K, one of the same half-year students, and failing to make a conversation.

Defendant D, as a teacher in the sixth year of Plaintiff A’s sixth year, was negligent in protecting and supervising the students belonging to the Plaintiff et al., and in preventing group bullying against Plaintiff A, as a result, the Plaintiff neglected to do so.

In addition, the defendant Daejeon Metropolitan City was obligated to take preventive measures or prepare a system to prevent group bullying in an elementary school established and operated by it, and neglected to protect and supervise students.