(b) The case holding that a high school student cannot be held liable to the principal of a school or a school teacher, etc. for violating his/her duty of protection and supervision with respect to an accident in which he/she suffered an injury because he/she was faced with the rear head part of a classroom because he/she was faced with a physician who was rapidly fluent due to a sudden accident during the occupation time of the second grade student;

(b) The case holding that a high school student cannot be held liable to the principal of a school or a school teacher, etc. for violating his/her duty of protection and supervision with respect to an accident in which he/she suffered an injury because he/she was faced with the rear head part of a classroom because he/she was faced with a physician who was rapidly fluent due to a sudden accident during the occupation time of the second grade student;

Examining the facts established by the court below, citing the reasoning of the judgment of the court of first instance, the plaintiff 1 was a student who left 17 years of age and 15 years of age at ○○ High School located in Gangdong-gu, Seoul ( Address 1 omitted) ○○ High School, which was a part of the court of first instance. The plaintiff 1 was a student at around 12:50 on October 13, 198, and was seated as a suspect. The non-party 1 (the co-defendant 2 of the court of first instance) who was a half of the above plaintiff 1 (the non-party co-defendant 2 of the court of first instance) was aware of the above plaintiff 1's intention to cause the above plaintiff 1's death or injury to the plaintiff's body by neglecting the back head part of the plaintiff 1's school and neglecting the duty of safety control and supervision of the student's body, and thus, the plaintiff 1 was in charge of protecting and supervising the student's life or body.

The principal or teacher of a school established and operated by a school foundation is obligated to protect and supervise students on behalf of a legal supervisor, such as a person with parental authority, pursuant to the Education Act. However, the duty to protect and supervise students is not limited to all the students' living relationship in the school, but to the living relationship closely related to educational activities in the school and the payment thereof. Even if the living relationship within the scope of such duty is within the scope of the duty, the principal or teacher shall be held liable for the breach of the duty to protect and supervise students. The above predictability requires consideration of the place, capacity of the perpetrator, the ability of the perpetrator, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances.

The point time of the accident in this case is time to take lessons in p.m., or to arrange and prepare for the business. As such, it is closely related to educational activities, quality, and time, the obligation of the principal of the school or teacher to take general protection and supervision over the act of students within the class during that hour. However, according to the records, Nonparty 1, the perpetrator, was born on March 24, 1970 and was in the second grade of the high school with the amount of 18 years and 6 months old at the time of the accident, and was in a usual nature, and was closely related to Plaintiff 1, the victim. Considering the offender’s individual ability and character ability, and the relationship with the victim, etc., it cannot be deemed that the accident in this case was predicted or predicted that the accident in this case was committed, or that there was no further risk of the accident in this case, even if there was no further specific danger or danger of the accident in this case.

In the opposite opinion of the court below, recognizing the liability of the defendant school juristic person for damages is to commit an unlawful act of misunderstanding the legal principles on the responsibility of the violation of the duty of the protection and supervision of teachers.

For the reasons above, the part of the judgment below's failure is reversed, and this part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.