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(영문) 부산고등법원 2016.01.28 2015나50842

유족급여 등

Text

1. The defendant's appeal is all dismissed.

2. In accordance with the expansion of the purport of the claim in the trial of the plaintiff A and B, the defendant.

Reasons

1. Basic facts

A. At the time of February 21, 2014, E (F) was planned to be promoted to the third year to the students attending the second year of H high schools located in Seo-gu Busan Metropolitan City as of February 21, 2014, and Plaintiff A, E (F) is the parents of Plaintiff C, and E.

(2) The defendant shall designate the principals of various levels of schools, such as kindergartens, elementary schools, middle schools, and high schools, located in Busan Metropolitan City as a corporation established by the Superintendent of an Office of Education to implement a school safety mutual aid project, as its policyholders, and shall pay mutual aid benefits for

B. The occurrence of the instant accident, etc. ① On February 21, 2014, E entered the 14:00 H high school and was used in the future to resolve physiological phenomenon by entering the 3rd floor first toilet.

(hereinafter “instant accident”). From 16:50 to 16:50 to the end of the self-learning, J, and K found E used in the toilets due to the lack of E and known to the principal of H high school. At around 17:02, Busan Central and Busan Central Fire Fighting Center, which received a report call, arrived at H high school and sent E in the state of heart stop and respiratory stop condition to the emergency room of the East Asia University Hospital.

② At around 17:18, E (hereinafter referred to as “the deceased”) arrived at the emergency room of the East Asia University Hospital, but died, and the direct death on the body’s draft of the autopsy is “assumptive by self-return,” and the cause is “assumptive by liver.”

③ On February 27, 2014, the Plaintiff asserted that the death of the Deceased constitutes a school safety accident that occurred during educational activities, and filed a claim for the payment of mutual aid benefits (bereaved Benefits) to the Defendant. However, on April 2, 2014, the Defendant rendered a decision on mutual aid benefits (decision on the payment of consolation benefits) and notified the Plaintiff A.

On April 21, 2014, Plaintiff A filed a request for the examination of school safety mutual aid compensation with the Defendant on April 21, 2014. However, the Defendant’s instant accident on June 17, 2014 is ordinary.