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(영문) 대법원 2019.12.13 2018다287010

구상금

Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

1. Where there is no precedent of the Supreme Court on the interpretation of the statute applicable to a specific case in a small case, and there is a case where a number of small claims, the issue of which is the interpretation of the same statute, is pending in the lower court, and there is a case where the Supreme Court makes a decision on what kind of cases according to the full bench, if the Supreme Court terminates the case without making a decision on the interpretation of the statute on the ground that it is a small claim case

Therefore, even if a small-sum case does not meet the requirement of “when a decision contrary to the Supreme Court’s precedents is rendered,” which may be used as the grounds of appeal, in the absence of such special circumstances, determination of errors in interpreting and applying the substantive law in order to perform the intrinsic function of unification of statutory interpretation.

(2) The main issue of the instant case is the relationship between the liability insurer who is the insured and the pertinent school safety mutual aid association, which is the business operator of the pertinent school safety mutual aid, in the event the beneficiary of the school safety accident compensation mutual aid (hereinafter “school safety mutual aid”) under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Mutual Aid”) causes a school safety accident due to the lapse of the pertinent period. This is related to the interpretation of Article 44(1) of the School Safety Act.

However, since there is no Supreme Court precedent on this issue and there is no lower court's judgment, it is necessary to judge whether this part of the court below's interpretation and application are proper.

2.(a)

The School Safety Act imposes an obligation on the superintendent of education, school principals, etc. to prevent school safety accidents, and where school safety accidents occur, the superintendent of education, school principals, etc. shall not ask whether they are responsible for the occurrence of such accidents.