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(영문) 서울남부지방법원 2017.10.24 2016가단4086
공제급여
Text

1. The Defendant: (a) KRW 8,016,872 to Plaintiff A; and (b) KRW 50,000 to Plaintiff C and D respectively; and (c) KRW 12,500 to the said money.

Reasons

1. Facts of recognition;

가. 원고 A은 2014. 9. 22.경 재학 중인 중원중학교 운동장에서 체육수업 중 뜀틀을 넘다가 걸려 넘어지며 착지하는 순간 다리가 뒤틀렸고 이로 인하여 좌측 슬관절 전후방 십자인대 완전파열상 등을 입었다

(hereinafter “instant accident”). (b)

The defendant is a corporation established to conduct a school safety accident compensation mutual aid program pursuant to the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter referred to as the "School Safety Act"), which is an operator of the school safety mutual aid program to which the head of the middle middle school attending the plaintiff A has entered.

C. Plaintiff B is the father of Plaintiff A, and Plaintiff C and D are the chair of Plaintiff A.

On October 6, 2015, the Defendant considered the rate of the Plaintiff’s labor ability loss of Plaintiff A due to the instant accident as 5%, and accordingly, paid KRW 21,361,500 as deductible benefits by applying 10,000 won (for Plaintiff A, KRW 1,00,500,000 for Plaintiff C, KRW 5,000 for Plaintiff C, and KRW 5,000 for each of Plaintiff C, and KRW 1,25,000 for Plaintiff C, and KRW 21,361,50 as deductible benefits by applying 10% of comparative negligence.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of the whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The attached Table 2 of Article 16(1) of the Enforcement Decree of the School Safety Act (hereinafter “attached Table”) is limited to Plaintiff A due to the instant accident.

) Since there was an obstacle falling under class 12 (Article 2(1) of the Enforcement Decree of the State Compensation Act (Article 2(1) and class 12 of the Enforcement Decree of the State Compensation Act to “the remaining person who has an obstacle to the function of Section 1 of Section 2 of Section 1 of the same B of the same bridge,” the ratio of Plaintiff A’s labor disability is 15

The actual income under the labor disability loss rate of 15% is KRW 78,084,385, while the consolation money is KRW 3 million for the plaintiff A, KRW 1.5 million for the plaintiff B, and KRW 375,000 for the plaintiff C, and KRW 375,00 for each of them.

Plaintiff

A was not paid KRW 1,675,216 among the treatment costs of A.

The defendant is a mutual aid benefit, which is KRW 20,686,500, and KRW 450,000 to the plaintiff B, the plaintiff C, and the plaintiff.

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