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(영문) 대전지방법원천안지원 2017.10.18 2017가단101801

장해급여 등 청구

Text

1. The Defendant’s KRW 54,098,550 for the Plaintiff and 5% per annum from October 23, 2016 to February 22, 2017.

Reasons

1. Basic facts

A. On August 28, 2015, when the Plaintiff was in the third grade of B High School, at around 12:20 on August 28, 2015, the Plaintiff suffered an injury in the left-hand slurg and the left-hand surg, when he met with a surg and met with a surgic match.

(hereinafter referred to as “instant accident.” The Plaintiff was re-paid on December 8, 2015, following the completion of the examination of academic ability to enter the school.

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

C. Around September 8, 2016, the Plaintiff claimed payment of disability benefits and consolation money to the Defendant, but the Defendant notified the Defendant that he/she would return his/her claim for benefits on the ground that it is difficult to be deemed disability around October 17, 2016.

Accordingly, on December 12, 2016, the Plaintiff filed a request for examination with the Compensation Review Committee of the School Safety Mutual Aid Association, Chungcheongnam-do, Chungcheongnam-do, and the Compensation Review Committee decided on January 11, 2017 that 3% of the overall disability of the Plaintiff should be recognized.

Accordingly, the defendant paid 14,508,310 won to the plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5-2, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the accident of this case constitutes “school safety accident” as prescribed by Article 2 subparag. 6 of the School Safety Act, and the defendant is obligated to pay the Plaintiff mutual aid benefits as prescribed by the School Safety Act for the damage caused by the accident of this case.

(b)For the convenience of calculating the scope of liability for reimbursement of deductions, in principle, a period of time shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

[Ground of recognition] The above evidence, the result of the court's commission of physical examination to the director of the Daejeon Eslive University Hospital.