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(영문) 서울남부지방법원 2019.11.29 2019가합105451
보험금
Text

1. The defendant shall pay to the plaintiff A KRW 3,00,000 for each of 204,676,368, the plaintiff B, and C, and KRW 750,000 for the plaintiff D and E respectively.

Reasons

1. In full view of the purport of evidence evidence No. 2 as to the occurrence of a mutual aid benefit claim No. 2, Plaintiff A, who was a student of a Ghigh school, was over the classroom on May 27, 2016, and was subject to the performance of 6 times in front, rear, and rear luscence, etc. of the left-hand slot, by taking account of the fact that Plaintiff A, a student of G high school, was over the classroom on May

The above accidents are "school safety accidents" under Article 2 subparagraph 6 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter "School Safety Act"), and the defendant, who is the school safety mutual aid association, is obliged to pay the benefits prescribed by the above Act to the beneficiaries or their guardians, etc.

2. The plaintiffs' claim for disability benefits

A. Article 37(1) of the Standards for Calculation of School Safety Act provides, “When a beneficiary of medical care suffers from a disability even after the completion of 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 37(2) of the same Act provides, “The necessary matters concerning the criteria for determining the degree of disability under paragraph (1) and the calculation of the amount of disability benefits and the method

Here, the amount stipulated in Article 3 (2) 3 of the State Compensation Act refers to the amount of disability compensation calculated by multiplying the monthly salary or average wage at the time when the injury was inflicted according to the degree of loss of the labor force caused by the disability by the future workable period, and the consolation money stipulated in Article 3 (5) of the same Act refers to consolation money for mental distress of the beneficiary, the lineal ascendant

In addition, the Enforcement Decree of the School Safety Act provides the criteria for assessing the loss rate of labor in calculating disability benefits as follows:

(See Section 1 of Article 16, Section 2, Section 1, Section 2, Section 10). - - With respect to a person who has a substantial obstacle to the function of Section 1 of Section 3 of one bridge, at the same rate as 30% of the loss of labor force.

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