손해배상(기)
1. The defendant shall pay the following amount to the plaintiffs:
A. Plaintiff A’s KRW 41,593,940 and as to this, November 201.
1. Occurrence of liability for damages;
A. The Defendant, from March 1, 2005, worked as a teacher in charge of the H school, which is a public special school located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, and worked as a manager in charge of the H school. 2) From around 2009, Plaintiff A, who has a intellectual disability 1 level 1, was enrolled in the above school from around 2005 to around 201, was enrolled in the above school, and was enrolled in the course of the class of the high school as one time a week from around 2008 to around 2010, and was living in the dormitory from around 201.
Plaintiff B, with intellectual disability 1st degree, received lessons from the Defendant once a week between 2010 and 201.
3) The Defendant: (a) concluded that Plaintiff A and B were under the direction, protection, and supervision of the Defendant in the course of receiving a hynasium from the Defendant; (b) with the knowledge that the said Plaintiffs’ mental disorder led to lack of the right to object or expression of opinion; (c) made an indecent act, etc. against Plaintiff A from around October 201 to around October 201; and (d) committed an indecent act against Plaintiff B around May 201 (hereinafter “instant tort”).
(4) On January 10, 2012, the Defendant was indicted for committing an offense, such as indecent act, sexual intercourse, or intimidation, against other students in the said school, including the Defendant’s act under the foregoing subparagraph 3, with the Daejeon District Court’s 2012 high-priced5, 40 (combined), and 103 (Joint) Special Act on the Punishment, etc. of Sexual Crimes (rape, etc., for the Disabled Persons). 5) On September 26, 2012, the Daejeon District Court sentenced the Defendant to 20 years of imprisonment on September 26, 2012, and the Daejeon High Court, an appellate court, sentenced the Defendant to 15 years of imprisonment on February 12, 2014.
On July 24, 2014, the Supreme Court, which was the final appeal, reversed the above appellate judgment ex officio in determining that “the part of the disclosure and notification order was erroneous.” After remanding the case, the appellate court again sentenced the defendant to 15 years of imprisonment on January 23, 2015.
(Seoul High Court Decision 2014No341). 6 Plaintiff A is the mother of Plaintiff A, and Plaintiff D is the Plaintiff B.