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(영문) 서울고등법원 2018.06.07 2017나2069459

손해배상

Text

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

2. Plaintiff A’s Defendants expanded in the trial.

Reasons

1. The reasoning of this court concerning this part of the basic facts is as stated in Paragraph 1 of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. Defendant D’s damage liability 1) The Plaintiffs’ assertion (1) the Plaintiffs’ claim (1) Articles 11(3) and 11(3) of the School Sports Promotion Act (Operation, etc. of the School Sports Association). (3) The head of a school shall endeavor to eradicate regular boarding training during a semester in order to guarantee students’ right to learn and develop their physical and emotional development.

According to the above, although the training of the student players was prohibited in the elementary and secondary schools, the accident of this case occurred in the course of operating the training camp for the leading team illegally in violation of the above provision, so there is a proximate causal relation with the accident of this case.

(2) In addition, even though Defendant D had a duty to conduct safety education in the course of operating a dormitory for the leading department, the accident of this case occurred due to Defendant D’s failure to conduct training in the dormitory and safety education on the entire life of the dormitory.

(3) Therefore, Defendant D is liable for compensating for damages to another person due to an intentional or negligent act under Article 750, Article 750, Article 750 (Definition of Unlawful Act) of the Civil Act.

Pursuant to this, the plaintiffs shall be liable for damages caused by the tort in the instant accident.

B) Determination (1) Article 11(3) of the School Sports Promotion Act provides that the head of a school shall endeavor to eradicate the “regular dormitory training during a semester” in order to guarantee a student players’ right to learn and his/her physical and emotional development. The head of a school may operate a dormitory for a student player at a distance of time (such as the operation of a school sports team).