201 Gohap6963 Compensation for damages (as defined)

1. Kim) (1) (1)

2. Kim 8 (Law No. 72 years old, South)

3. The Z2 (the 71st anniversary, the inn);

Plaintiffs Address Pyeongtaek-si

Service place of the plaintiffs

Plaintiff 1 is a minor, and the legal representative Kim 8, the mother 2

[Defendant, Appellant]

1. PY (85 years old, south);

Suwon-si Suwon-si

Daegu Place of Service

2. Gyeonggi-do;

Representative of the Office of Education Kim upper difficulties

소송대리인 변호사 정¥¥

December 9, 2011

January 6, 2012

1. The defendant Jong-do paid 50,025, 993 won, and the defendant Jung-do paid 39,44,98 won out of the above amount by each of the defendant Jung-si and the above amount by 5% per annum from October 26, 2009 to January 6, 2012, and 20% per annum from the next day to the day of full payment.

2. The Defendants shall pay 2,00,000 won to each of the Plaintiffs Kim, the Plaintiff Z, and each of the above amounts with 5% interest per annum from October 26, 2009 to January 6, 2012, and 20% interest per annum from the next day to the day of full payment.

3. The plaintiffs' remaining claims against the defendants are dismissed.

4. 3/5 of the costs of lawsuit shall be borne by the plaintiffs, and the remainder by the defendants.

5. Paragraphs 1 and 2 of this Article may be provisionally executed.

The defendants shall jointly and severally pay 104, 99, 159 won, 159 won, 500 won, 5,000 won, and each of the above amounts to ZZ from October 26, 2009 to the service date of the application for modification of the purport of the claim of this case and the cause of the claim of this case, 5% per annum, and 20% per annum from the next day to the day of full payment.

1. Basic facts

A. Status of the party

1) Plaintiff Kim Jong-soo was attending an elementary school located in the Sejong-dong in Suwon-si, and was engaged in activities as a leading assistant. Plaintiff Kim8 and Plaintiff Zoo were parents of Plaintiff Kim Jong-dong.

2) Defendant Jung-Y had worked as a middle school leader in Suwon-si, Suwon-si.

3) Defendant Gyeonggi-do is a local government that establishes and operates elementary schools and* middle schools.

B. Occurrence of the instant accident

1) Around 06 October 26, 2009: at around 30, the defendant Jong-Un thought that, while taking a camp for the head of the elementary school and the head of the middle school leading center in the above middle school playground, the plaintiff Kim Jong-Un took a course for the left-hand arms and went back to the opposite side of the bridge, the plaintiff Kim Jong-Un thought that part of the bridge was unfaithed in the training, and that the plaintiff Kim Jong-Un was unfaithd in the training, and then the plaintiff Kim-Un was able to go back to the training, and the part of the ice lease, which is a dangerous object in the head of the leading kindergarten, was steh, and the part of the plaintiff Kim-soo was 20 times above.

2 ) 피고 정 은 2009 . 10 . 26 . 07 : 20경 위 중학교 5층에 있는 유도장에서 위 와 같이 원고 김 ) ) 를 때린 후에도 원고 김 ) D가 좌측 팔에 한 깁스 때문에 동료 유 도부원을 목말 태우고 달리는 훈련에서 계속 뒤처지게 되자 , 원고 김 ) ) 가 일부러 훈 련에 불성실하게 임한다고 생각하고 원고 김 ) ) 를 엎드리게 한 후 위 스테인리스 봉 및 부러진 마대자루로 원고 김 ) ) 의 엉덩이 부위를 약 20여 회가량 때리고 , 발로 원 고 김 ) ) 의 가슴부위를 찼다 .

3) As a result, Plaintiff Kim Jong-soo suffered from the annual organization of the right-hand jum, so long as it requires a minimum of two clothes that require approximately six weeks of treatment, and stressed stress disorder, etc.

(c) Criminal punishment against Defendant YPY;

1) On March 24, 2010, Defendant Jeong Jong-Un was sentenced to imprisonment with prison labor for a year and six months in violation of the Punishment Act on the Punishment of Force, etc. (a group, deadly weapon, etc.) by Suwon District Court 2009Kadan5863 on March 24, 2010.

2) However, the lower court’s judgment is reversed on June 10, 2010, and the Defendant is the first instance court (No. 2010No. 1362 of the same court) that commenced after Defendant JungY appealed appealed, and agreed with Plaintiff Kim).

Y sentenced a suspended sentence of one year and six months of imprisonment to Y.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 11 and 12 (including each provisional lot number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Defendant’s responsibility

According to the above facts of recognition, the defendant Jong is liable to compensate the damages suffered by the plaintiff due to the accident of this case as a tort.

B. Responsibility of Defendant Gyeonggi-do

1) Party’s assertion

A) The plaintiffs' assertion

Defendant Jung-do is the vice head of a middle school established and operated by Defendant Gyeonggi-do, and upon the request of the Kim UNFCCC, the vice head of the middle school leading department of sound elementary school at the time of the accident in this case, “The vice head of the middle school, the vice head of the middle school leading department, and the assistant head of the elementary school leading department at the same place, and was in the position of public official under the State Compensation Act by actually directing and supervising all the above assistant members, and thus, it is liable to compensate the Plaintiffs for the damages caused by the

B) Defendant Gyeonggi-do’s assertion

① 초등학교 유도부 코치인 김勾网은 초등학교에 고용된 것이 아니라 수원시 체육회에 고용된 사람이고 , 피고 정YY ' 은 초등학교 및 중학교 어디에 도 고용되어 있지 않았고 다만 위 유도부원들 학부모들이 갹출한 돈으로 수고비 정도 를 받을 지위에 있던 사람이므로 국가배상법에서 말하는 공무원의 지위에 있다고 할 수 없고 , ② 이 사건 사고가 일어난 시간은 새벽 6시 30분경으로 교장이나 교사 등이 출근하기 전이라는 점 , 장소도 초등학교가 아닌 “ 중학교라는 점 , 학교에서 합숙 훈련을 금지하자 학부모들이 학교와는 전혀 관계없이 비용을 갹출하여 합숙훈련을 하 다가 이 사건 사고가 발생하였다는 점 , 중학교 체육관은 일반인들이 운동할 수 있 도록 항상 개방되어 있다는 점 등에 비추어 초등학교 교장 및 교사들이 이 사건 사고의 발생을 예측할 수도 없었으므로 , 원고들의 위 주장은 이유 없다 .

2) Facts of recognition

A) Elementary school’s leading cocop Kim XX is employed by the Suwon-si Sports Association, and the middle school leading cocop head of the school is employed by the middle school.

B) Defendant Jong-si was working as a public service personnel of the Suwon-si Office in Suwon-si, and was employed by the professors of the former Korean Sports University from the end of November 2008 through the affairs of the Suwon-si Promotion Association prior to the introduction of the professors of the former Korean Sports University. However, Defendant Jong-si did not have been employed regularly in middle school or the Suwon-si Sports Association or receive compensation from them.

C) The leading division of the Eul elementary school and the leading division of the middle school were to conduct a camp training at the school at the original school, but from the beginning of the early of 2009, the training was prohibited at the school from being conducted in the school * Suwon-si * * * Professor Professor Professor Professor Kim Jong-gu, 5 members of the leading division to the middle school, and 3 members of the guiding division of the sound elementary school (including plaintiff Kim Kim) at the front place. The parents of the above leading party were to walk 300,000 won per head of the school, and the former ○○ was to use the above membership fee for the food expenses of the leading party and the leading party members.

D) Typely, Kim Jin-in was the head of an elementary school, the head of a Do with the head of a Do with the former middle school, and the head of the Do with the former middle school, but the head of the Do with the former middle school, the latter three practically directed and supervised all of the above eight members of the Do with the former.

E) A middle school sports teacher has been found to have been 3 to 4 times a week at a training place, and up to August 2009, he/she was found to have been located every day at a lodging in the school. The teachers in charge of the guiding department of an elementary school also found 2 to 3 times a week until the change of the pre-school teacher in charge of the instant accident occurred.

F) At the time of the occurrence of the instant accident, Kim XX requested Defendant Jeong-Y to provide training guidance, and Defendant Jong-Y trained all of the leading members of elementary school and middle school.

[Ground of recognition] The written evidence Nos. 1, 1, 2, and 6, Defendant PY’s examination result, the purport of the body before oral argument

3) Determination

A) The term "public official" under Article 2 of the State Compensation Act is not limited to a person who has a status as a public official under the State Public Officials Act or the Local Public Officials Act, and widely entrusted a public official and refers to all persons who are actually engaged in a public official. It does not mean that the entrustment of a public official is for activities concerning temporary and limited matters. The term "under Article 2 (1) of the State Compensation Act, a public official is subject to the performance of a public official's duties" includes a person who directly performs a public official's duties or acts closely related thereto. In determining this, if the external appearance of the act is objectively observed and viewed as a public official's duties, the act is not practically included in a public official's duties.

“A person who is subject to the performance of his duties” (Supreme Court Decision 98Da39060 delivered on January 5, 2001). In light of the foregoing facts, the Defendant’s husband returned to the instant case and the health unit, and in light of the above facts, he shall be deemed to have been “a person who is subject to the performance of his duties.”

Although it is not regularly employed at a middle school, it is a public official under Article 2 of the State Compensation Act as a public official because the leader of the leading department of the middle school was guiding and managing the training of the leading department of the leading department of the middle school, and the defendant's employer is also related to duties so long as the training guidance of the leading department of the elementary school was actually conducted concurrently. Accordingly, the defendant's Gyeonggi-do bears the responsibility for the plaintiffs under Article 2 of the State Compensation Act.

B) Even if Defendant workers are not in the position of "public official" under Article 2 of the State Compensation Act, the principal or teacher of a school established and operated by a local government is obligated to protect and supervise students. Such duty to protect and supervise students under the Education Act does not affect all the life circles of students in the school, but is in an inseparative relationship with the education activities in the school, and is in a life relationship closely indivisible to it. In light of the time and place of educational activities, the offender's ability to separate character and conduct, the relation between the perpetrator and the victim, and other various circumstances, it is predicted that the accident may normally occur in school life, or that the principal or teacher is liable for the violation of the duty to protect and supervise the principal or the teacher (the specific risk of the accident) in the light of the fact that the principal or the teacher was under the duty to protect and supervise the principal or the teacher in the middle school in question, he/she may be held liable for the violation of the duty to protect and supervise the principal or the teacher in the middle school in question.

C) Accordingly, the defendant Gyeonggi-do bears the liability to compensate the plaintiffs under Article 2 of the State Compensation Act.

C. The defendants' liability relationship

The liability for damages caused by the illegal acts of Defendant JungY, and the liability for damages under Article 2 of the State Compensation Act of Defendant Gyeonggi-do is in the joint and several liability relationship.

3. Limitation on liability for damages.

In full view of the above facts and evidence No. 14, evidence No. 14, evidence No. 7, and the whole purport of the arguments as a result of the Defendant Party Party’s personal examination, Plaintiff Kim- per cent, and Plaintiff Kim in a dormitory training prohibited to Plaintiff Kim Jong-soo)

In the training course, the defendant Jong-do consented that he may be punished for physical education, and despite the hospital's detention, the defendant Jong-do's fault ratio on the side of the training course shall be 20% in light of the above facts, as it is reasonable to view that the defendant Kim Jong-do's fault ratio on the side of the training course is 20% in light of the above facts, since it is reasonable to view that the defendant Kim Jong-do's liability is limited to the remainder 80% in Gyeonggi-do, since it is limited to the remainder of the Gyeonggi-do's liability to the remainder of 80%.

4. Scope of damages.

In addition to the following separate statements, all the statements in the separate sheet of calculation of damages are as shown in the annexed sheet of calculation of damages (the rejection of any statements in the parties' arguments).

(a) Actual income;

1) Facts of recognition and details of evaluation

A) Gender of Plaintiff Kim)

(b) Date of birth: April 23, 1998 (the age at the time of an accident: 11 years and 3 years of age);

C) the term of lease and operation;

(1) Name of lease: 65. 99 ( October 6, 2075)

(2) Period of operation: From April 23, 2018, to April 22, 2058, when Plaintiff Kim (based on the period of compulsory service in the Army) reaches the age of majority, two years (based on the period of compulsory service in the Army) after completing military service between two years (based on the period of compulsory service in the Army).

(d) Basis for lost income: 1, 517, 230 won per month ( = 68, 965 won per month of the unit wage of an ordinary worker on a private report on the actual wage status of construction business published on January 1, 2010) x 22 days

(e) Ratio of residual disability and labor disability: 16 percent;

It is recognized that Gap evidence 3-3, Gap evidence 16-2, and the result of the fact-finding conducted by this court on the head of the Slick Slick Slick University, and the result of the fact-finding conducted by this court on the head of the Slick School of this court, the plaintiff Kim) suffered a permanent disability of 16% with stress disorder (referring to the occupational coefficient of 10cm x 13mm2) due to a string of annual organizations with the right side (referring to violent inclinations after the accident in this case, which may interfere with the adjustment of academic activities, such as the shocking of the same students and their independence with the same students).

2) Calculation

It shall be KRW 47, 184, 080, such as in the column of "actual income" of the attached table of calculation of damages.

(b) Medical expenses;

1) Written treatment costs: 228, 480 won;

in total medical expenses of KRW 16,824,380 (the amount obtained by deducting KRW 912,100 from the total expenses of physical examination expenses of KRW 17,736,480 incurred by the plaintiffs in the name of the medical expenses due to the instant accident).

The amount excluding the mental and medical expenses to be included in the future treatment expenses as claimed by the principal of an elementary school after deducting the amount of 14, 394, and 900 won paid by him/her, excluding the amount of 2,201,00 won in the future treatment expenses.

[Ground of recognition] Evidence No. 6, Evidence No. 15, and the purport of the whole pleadings

2) Future treatment costs: 6,765,743 won;

As a result of the court's entrustment of physical examination to the director of the NIB Hospital, considering the fact-finding results and the overall purport of the arguments with respect to the director of the NIB Hospital in the next one year, it is recognized that the medical treatment costs of KRW 7,809,030 have been incurred due to mental and physical treatment, such as expenses for inspection, interview fees, etc. for the next one year. For the convenience of calculation, the mental and medical treatment began on December 10, 201, which is the day following the date of the closing of argument in the instant case, and the medical treatment costs of KRW 7,765,743 have not been paid for the next one year after December 7, 2012. However, there is no reason to acknowledge the above medical treatment costs of KRW 6,765,743 at the time of the instant accident, considering that there is no evidence to acknowledge the mental and physical treatment costs of KRW 35,00 at the time of the instant accident in the future.

(c) Nursing expenses;

1) As a result of the court’s commission of physical examination of the head of the Atol University Swel University No. 8, and the head of this court’s commission of physical examination of the head of the Etol University Swel University No. 8, in full view of the fact-finding results and the overall purport of the arguments on the head of the Etol University No. Man University No. 1), it is recognized that the court received 4 hours per day from October 26, 2009, the date of the instant accident, until March 1, 2011, from March 2, 2011, 201, and 3 hours per day from March 2, 201 to October 25, 2012, it is not necessary to admit that the Plaintiff No. 1 et al. al. al. al. 2 had no evidence to find that there was no need to freely admit that the Plaintiff No. 1 was to be admitted to the Ktol University No. 2.

2) Calculation: 11, 726, 670 won [ = ((68, 965 Won / 210) x 22 days / 22) x 458. 458 (this period's coefficient)];

D. Negligence offsetting (as to Defendant Gyeonggi-do)

1) The ratio of responsibility of Plaintiff Kim Jong-soo : 20% (see, e.g., above 3.)

2) Calculation: 52, 723, 978 won [See 65, 904, 973 won (daily income of 47, 184, 080 won + 228, 480 won + future medical treatment expenses of 6, 765, 743 won + 11, 726, 670 won) x 80%];

(e) Mutual aid;

1) 2,878,980 won ( = 14, 394, 900 won x 20%) equivalent to the ratio of negligence on the part of plaintiff Kim among the medical expenses paid by the elementary school principal 14, 394, and 900 won (=14, 394, 900 won x 20%)

2) 3,00,000 won paid by the principal of this elementary school to the plaintiffs under the pretext of the commuting treatment expenses.

【Reasons for Recognition】 Entry of No. 5-3 in B or 5-3, the purport of the entire pleading

3) Defendant 13,00,000 won paid as this criminal agreement amount

[Grounds for recognition] The result of a personal examination of Defendant JungY, the purport of the entire pleadings, as a whole

As to this, the above criminal agreement was paid separately from the damages.

It is asserted that the amount paid as agreed money in the criminal trial process by the perpetrator was paid as consolation money, unless it is expressly stated that the amount was paid as consolation money at the time of payment, it is reasonable to view that it was paid as a part of the compensation for property damage (Supreme Court Decision 95Da850 delivered on July 11, 1995), and there is no evidence to support the fact that the defendant had paid the agreed money separately from consolation money or damages under the name of consolation money, so the above argument by the plaintiffs is without merit.

4) Calculation

A) Defendant JeongrY: Property damage = 47,025,93 won ( = 65,904, 973 won - 2,878, 980 won - 00,000 won - 13,000 won - 13,000,000 won)

B) Defendant Gyeonggi-do: Property damage amount: 36,44,98 won ( = 52, 723, 978 won - 2,878, 980 won - 3,00,000 won - 10, 400, 000 won)

(f) Consolation money;

1) Reasons for consideration: Taking into account all the circumstances, such as the age of Plaintiff Kim -, the background of the occurrence of the instant accident, the injury caused by the instant accident, and the parts and degree of the injury and the harm caused by the aftermath, the existence and degree of the Plaintiffs’ negligence, the property status of the Plaintiffs, etc.

2) The amount of recognition: 3,00,000 won, 1,000 won, 2,000, 2,000 won, 2,000, 000 won, 1,000 won, 2, 2, 3,000

G. Sub-committee

Then, Defendant Jeong-Y, Y, 50,025, and 93 won ( = 47,025, 993 won + consolation money 3,00,000), Defendant Jung-do has the duty to pay 39,44,98 won ( = 36,44, 998 won + consolation money 3,000 won + 0.0% per annum from the day following the date of the instant accident to the day of the performance of the duty to pay 20% per annum with respect to each of the above amounts, and 0% per annum from the day after the date of the instant accident to the day of the performance of the duty to pay 20% per annum from the day of the instant accident to the day of the performance of the duty to pay 0% per annum from the day after the date of the instant accident to the day of the performance of the duty to pay 0% per annum of the Defendants respectively, and 20% per annum from the day after the date of the judgment of Kim 26.

5. Conclusion

Therefore, the plaintiffs' claim of this case against the defendants is justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

Judge Jeong-chul of the presiding judge

Judges Park Young-young

Judges Kim Jae-chul

1) The premise that under an investigation report on the actual condition of wages for construction business announced January 1, 2010, the unit price of ordinary part wage 68,965 won is eight hours a day.

Since it is a wage, the wage of 4 hours per day shall be half.

2) The calculation shall be based on the premise that the opening of 22 days is necessary for a month as asserted by the Plaintiff.

3) An employee who committed a tort shall reduce the amount of damages that the employer should compensate in consideration of the circumstances in which he/she cannot pay internal taxes.

The purpose of allowing comparative negligence to be set off is to ultimately, if an employee does not have sufficient means to compensate for damages, with the victim.

Since the employer intends to fairly and fairly share the damages incurred therefrom, part of the amount of damages suffered by the employee himself/herself.

In the event that payments are made, part of the amount of damages that the employer is liable to compensate for in proportion to the employer’s fault ratio.

It is reasonable to deem that the employer’s liability for damages has been repaid, and therefore, it shall be deemed that the employer’s liability for damages ceases to exist within

[Plaintiff-Appellant] Defendant 1 (Law No. 53696, Feb. 22, 1994)

Criminal Agreement Amounting to KRW 10,400,00 ( = 13,000,000,000) equivalent to the percentage of negligence in Defendant Gyeonggi-do, out of KRW 13,00,00,00

80%) It is recognized that this Defendant Gyeonggi-do has been repaid as part of the amount of damages that Defendant Gyeonggi-do should compensate.