The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

1. Basic facts

A. The Plaintiff and the Defendant are students who were enrolled in the first year of G Middle Schools (hereinafter “instant school”) at the time of 2018.

B. On October 17, 2018, the Defendant was faced with the Plaintiff at the fourth floor of the school at the time of the trip.

Although the Defendant was to go to the Plaintiff as a dysium, the Defendant did not go to the death of the Plaintiff, and the Defendant did not go to the death of the Plaintiff.

(hereinafter “the instant harmful act.” The Plaintiff suffered from the injury to the left-hand boom of the second hand, which requires a stable observation for four weeks due to the instant harmful act.

(hereinafter “instant injury.” The Plaintiff spent KRW 476,870 in total from October 17, 2018 to December 31, 2018.

C. On November 5, 2018, the instant school held the Autonomous Committee on Countermeasures against School Violence. On November 6, 2018, the Defendant issued a disposition of suspension of attendance regarding the instant harmful act, five days of suspension of attendance, twenty hours of special education, and five hours of special education for guardians.

The defendant of this case's school violence self-governing committee for school violence.

On June 25, 2019, the Seoul Metropolitan Office of Education filed an administrative appeal with the Administrative Appeals Commission (Administrative Appeals Commission) against the disposition stated in the paragraph, and the decision was made by changing the five days of the suspension of attendance into three days of social service.

[Ground of recognition] Facts without dispute, Gap 2, 5 evidence, Eul 6 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the liability for damages, the defendant's exercise of physical power against the plaintiff constitutes a tort and thus, the defendant is liable to compensate the plaintiff for damages caused by the tort.

However, the Plaintiff abused the Plaintiff on May 9, 2019, in addition to the instant harmful act.

However, it is claimed that the harmful act of this case had performed an additional operation on May 19, 2020.