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(영문) 대구지방법원 2018.04.24 2017가단101079

기타(금전)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B is the Plaintiff’s mother, and the Defendant is a corporation established to take charge of the duty of mutual aid benefits for school safety accidents pursuant to the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”).

B. On February 20, 2014, when the third grade of the Daegu C High School, Plaintiff A had knenee and knenee in a sports site at C High School, and had knee and knenee and had kneeed a full-time knee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 5-2, the purport of the whole pleadings

2. The plaintiffs' assertion A is even after the completion of medical care for injury caused by the above school safety accident, and even after the completion of medical care, there are obstacles to the function of one official section among the three sections of the three sections of the same bridge.

Therefore, according to the School Safety Act, the defendant is obliged to pay the plaintiff A KRW 1,00,000 to the plaintiff as disability benefits, KRW 30,000,00, and solatium.

3. Determination

A. Article 37(1) of the School Safety Act provides that “If a beneficiary who received medical care benefits has a disability even after the completion of the medical care, the amount stipulated in Article 3(2)3 of the State Compensation Act and the consolation money stipulated in Article 3(5) of the same Act shall be paid to the beneficiary or his/her guardian, etc.” Article 15 of the Enforcement Decree of the School Safety Act provides that “the disability benefits under Article 34(2) of the Act shall be calculated pursuant to Article 37(1) of the Act and Article 3(2)3 of the State Compensation Act” and Article 3(2)3 of the State Compensation Act provides that “if the victim has a physical disability after the completion of the medical care, the victim shall be paid compensation for the disability calculated by multiplying the amount of monthly salary, actual monthly income, or average wage at the time when the injury was inflicted according to the degree of loss of labor force after the completion of the medical care.”

According to the above provisions, disability benefits shall be paid.