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(영문) 수원지방법원성남지원 2020.10.14 2019가단207799

공제급여

Text

The defendant shall pay 112,525,680 won to the plaintiff and 5% per annum from May 14, 2019 to January 20, 2020 and from the next day.

Reasons

1. Basic facts

A. On July 12, 2018, the Plaintiff attended D High Schools located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and suffered from an injury to the left-hand spons in front of the spons and the outer half of the spons in the counter-sponsoral spons in the counter-sponsoral sports fields at the above school sites, and received an injury to the left-hand sponsor and an external half of the sponsor.

B. The Defendant is a corporation established pursuant to Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Accident Compensation Act”), which is a school safety mutual aid business operator to which the head of the D High School has joined.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. As seen earlier, the Plaintiff’s liability to pay mutual aid benefits is the fact that he/she suffered from strings to the right slives, slives, and anti-monthss in the sports events conducted in the D High School playground. As such, the foregoing accident constitutes “school safety accident that causes harm to the student’s life or body, which is an accident during educational activities,” as prescribed by the School Safety Accident Compensation Act.

Therefore, the defendant is obliged to pay the deduction benefits prescribed by the above law to the plaintiff.

3. Scope of liability to pay mutual aid benefits;

A. Article 37(1) of the School Safety Accident Compensation Act provides that “If a beneficiary who has received medical care benefits under Article 36 has a disability even after the completion of medical care, disability benefits shall be paid to the beneficiary or his/her guardian, etc., the amount prescribed in Article 3(2)3 of the State Compensation Act and consolation money prescribed in Article 3(5) of the same Act.” Meanwhile, Article 3(2)3 of the State Compensation Act provides that “if a victim has a physical disability after the completion of medical care, the disability benefits shall be paid to the beneficiary or his/her guardian, etc., the amount calculated by multiplying the amount of the monthly salary, the amount of daily income, or average wage at the time of the injury by the future workable period.”