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(영문) 의정부지방법원 2018.02.01 2016가단123976

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, Eul evidence 1 and 2:

1) The status of the parties is 1) The mother of the Plaintiff A, the Plaintiff C, and the Nonparty D and E are the external father-parents of the Plaintiff A. 2) 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 August 8, 2014, the Plaintiff A sent out to the Taekwondo Games by the Minister of Culture, Sports and Tourism, and took a string of Taekwondo games, and took a string of Taekwondo games, and suspended the match to the left-hand knee and returned home after receiving first aid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s injury caused by the pertinent school safety accident remains even after the completion of medical care, and even after the completion of the medical care, the Plaintiff’s assertion that there exists an obstacle to the function of one official section of the three sections of one bridge.

Therefore, pursuant to the School Safety Act and the Enforcement Decree of the same Act, the Defendant is obligated to pay the Plaintiff KRW 1,125,00,000 respectively to the Plaintiff as disability benefits, KRW 79,106,194, KRW 3,000, KRW 1,500, KRW 00, KRW 1,525,00, and KRW 20,00 as part of the claim.

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." and Article 15 of the Enforcement Decree of the School Safety Act pursuant to the delegation of Article 37(2) of the same Act is pursuant to Article 34(2) of the same Act.