204 Gohap 5870 Damage claims,

1. A;

Since it is a minor, the legal representative B and C

2. C.

3. B

4. D;

Since it is a minor, the legal representative E and mother F

5, E

6. F;

1. G;

2. H of the Incorporated Foundation:

August 30, 2006

06, 11 October 200

1. All of the plaintiffs' claims are dismissed. 2. Costs of lawsuit are assessed against the plaintiffs.

The Defendants shall pay to each of the Plaintiffs A 50 million won, KRW 250,000,000, KRW 5000,000, and KRW 50,000,000 to Plaintiff D, respectively, and KRW 25,00,000, and KRW 200,000 per annum from April 7, 2003 to the delivery date of the instant complaint, and KRW 5% per annum from the next day to the day of full payment.

1. Facts of recognition;

The following facts are not disputed between the parties, or acknowledged as a whole by taking account of the overall purport of the arguments in the statements in Gap evidence 1, 2, and 8.

A. On March 5, 2003, the plaintiff A entered the "K group of the J kindergarten established and operated by the defendant foundation foundation H (hereinafter the defendant foundation) on March 5, 2003, and was about 3 years and 6 months, and the plaintiff B and C were the parents of the plaintiff foundation A.

B. On March 5, 2003, Plaintiff D entered the J kindergarten’s “K” group from L to May 13, 2003, and continued to work for 3 years of age at that time, and Plaintiff E and F are Plaintiff D’s parents. Plaintiff A, as a end-day half of the 12th half of the 12th half of the 2th half of the 2003th half of the 2003 half of the 2nd half of the 2th half of the 2003 half of the 2nd half of the 3th half of the 2003 half of the 3rd half of the 3rd half of the 3rd half of the 4-5th half of the 20

D. Defendant G is in office as a master officer of Msung Party around January 9, 2003 and is in office.

2. Determination as to the claim against Defendant G

A. The plaintiffs' assertion

Since Plaintiffs A and D were sexual indecent acts by Defendant G while attending the J kindergarten as above, Defendant G asserts that Defendant G is responsible for compensating the Plaintiffs for consolation money for emotional distress suffered by the Plaintiffs due to such sexual indecent acts.

B. Determination

(1) First, the evidence presented to the purport of the plaintiffs' assertion results in the fact-finding on Gap 1, 2, 3, 6, 36, 37, 46, 47, 5, 47, and 9-3, 5, 8, 9, 11, 13, 18, 19, 20 through 26, 31, 32, 33, and 11-1 of evidence, witness DNA, andO's testimony and on-the-spot verification results, video tape verification results, P hospital, Qneology, and R Center, and the summary of these evidence are as follows.

(가) 원고 A, D 등 유치원생들의 진술 1) 원고 A은 2003. 4. 30. 경찰에서 피고 G에 대한 성추행 고소사건에 관한 조사를 받던 중, 나쁜 짓을 한 사람은 검은 괴물인데 바보이고, J유치원에 있으며, 검은 괴물이 치카치카할 때, 놀이터에서 놀고 있을 때, K반으로도 찾아와 괴물집으로 데 려가는데, 괴물집은 두개로서 흰색 병아리 문으로 들어가거나 꽃 많은 옆에 있는 문을 열고 계단을 올라가면 있고, 거기서 괴물이 코끼리 가면을 쓰고 뒤로 서 있으라 하고는 바지를 벗겨 똥꼬에 손가락을 넣어 만지고 잠지에 쇠를 넣고 만졌으며 괴물이 음경을 꺼내어 나더러 만지라고도 했고 무서운 얼굴로 먹어라고 해서 먹었는데 맛이 없어 뱉어버렸으며 그 괴물은 신부라고(당시 S 앨범 중 피고 G의 사진을 가리켜 괴물이라고 하였다) 진술하였고, 2003. 5. 13.경 T병원에서 심리평가를 받던 중, 가장 행복했던 때라는 질문에 "괴물이 없을 때", 가장 싫어하는 사람이라는 질문에 "괴물", 무서운 꿈이라는 질문에 "괴물이 데려오는 거" 등으로 대답하였다(갑1호증, 갑9호증의 9).

2) On May 2003, Plaintiff D responded to the question in question that the internal body might be string, while being tried and assessed by T Hospital, as follows: “Wing away from tamp, knife, knife, knife, knife, knife, knife, etc.,” and answer to the question of a person who does not refuse to do so, as “in bad faith or bad faith” (Evidence 2).

3) J유치원생인 U(V생)는 2003, 12. 12. 검찰에서 위 사건에 관한 조사를 받던 중, 도깨비 신부는 흰 옷을 입고 있는데, 도깨비 신부가 찌찌를 만지고, 배꼽을 만지고, 내가 제일 싫어하는 주사기 같은 것으로 똥꼬를 찔렀고, 도깨비 신부와 함께 있던 망 태아저씨가 자신을 가장 많이 괴롭혔다고(당시 피고 G의 사진을 가리켜 도깨비 신부라 하고, W 신부의 사진을 가리켜 망태 아저씨라고 하였다) 진술하였다(갑9호증의 33). (나) 원고 C, F 등 유치원생 부모들의 진술 1) 원고 C은 2003. 4. 14., 2003. 4. 30., 2003. 5. 28. 등 경찰에서 위 사건에 관하여 조사를 받던 중, 원고 A이 유치원에 다니고 나서 3-4일이 지난 후부터 똥꼬와 잠지가 아프다고 하였고, 밤에 자다 깨서 "싫어", "저리가 괴물", "검은 괴물이 내 배에 들어왔어", "검은 괴물은 바보야"라고 말하였으며, 누군가를 특정하여 지칭하지는 않았지만, 그 전에 원고 A이 신부를 보고 손을 흔들며 "바보"라고 가리킨 적이 있어서 검은 괴물은 신부이고 원고 A이 성추행을 당한 것이라고 생각하였고, 그 후로도 원고 A이 괴물은 검은색 옷과 흰색 앞치마를 잎은 남자어른이라고 하고, 신부가 신부방에 데려가 잠지와 똥꼬를 만진 후 말하면 혼낸다고 하며 다리를 꼬집기도 하고, 신부방이나 2층 사제관으로 데리고 가 이불 속에서나 가면을 쓴 채 똥꼬와 잠지를 만지기도 하고, 매운 고추 먹자며 자신의 음경을 A이 입에 넣기도 하고, 쇠를 잠지에 넣기도 하였다는 등으로 구체적으로 말을 하였으며, 원고 A에 대한 경찰조사 후에는 원고 A이 다른 피해자도 있다면서 신부나 수녀가 운전을 하여 황령산이나 놀이동산에 친구들을 데리고 가서 함께 놀고, 친구들과 둘씩, 넷씩 짝을 지어 신부집, K반 옆의 수녀집, 엘리베이터를 타고 올라가면 있는 괴물엄마가 사는 집 등에 선생님이나 수녀와 함께 가서 빨래놀이, 쉬싸기 놀이, 서로 혹은 각자 뺨을 때리는 놀이 등을 하였는데, 선생님이나 수녀가 쇠를 원고 A의 똥꼬와 잠지에 넣었고, 신부와 수녀나 선생님이 서로 쮸쮸를 먹고 고추도 먹는 행동 등을 하였다고 말했다고 진술하였다(갑9호증의 5, 8, 21).

2) On June 2, 2003, Plaintiff F stated that, at the police station on June 2, 2003, Plaintiff F, Plaintiff D left the K-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

(No. 9 25)

3) 위 U의 어머니 X은 2003. 6. 2. 경찰에서, U가 도깨비 유치원과 도깨비 신부가 있는데, K반 선생님, Y반 선생님이 도깨비 유치원에 데려다 주고, 도깨비 신부는 입으로 고추를 만지고 똥꼬에 뭐를 넣고, 도깨비 신부와 도깨비 선생님이 옷을 벗고 도깨비 신부를 만지면 도깨비 신부가 귀신 소리를 낸다고 말하였고, W 신부를 망태아 저씨라 부르며 자신을 가장 많이 괴롭혔다고 말했고 도깨비신부와 도깨비 아줌마가 있는데 도깨비 신부가 도깨비 아줌마의 쭈쭈를 먹었다고 말했다고 진술하였고, 2003. 10. 14. 검찰에서, U가 K반 선생님이 자신을 도깨비 신부가 사는 아파트에 데려가는데, 그 집에는 망태아저씨와 망태아줌마, 망태누나가 있고, 도깨비 신부가 입으로 자기 고추를 만지며 같이 목욕을 하며, 도깨비 신부가 도깨비 아줌마의 쭈쭈를 먹었다고 했고, 또한 W 신부가 망태아저씨로서 자신을 가장 많이 괴롭혔다고 말했다고 진술하였다(갑9호증의 24, 31).

4) J유치원생인 Z(AA생)의 어머니 AB은 2003. 6. 2. 경찰에서, 이 신부님이 똥구멍에 쇠막대기를 넣고 친구들과 함께 쉬싸기 놀이, 때리기 놀이를 하였으며 K반 선생님이 신부방으로 데려다 주어 신부방에 갔는데, 그 때 신부와 같이 있던 여자괴물 이 신부의 고추를 만지자 신부가 크윽하였고, 신부가 여자괴물의 쭈쭈도 먹었으며, 여자괴물이 입으로 아이들 몸에 뽀뽀를 해주었고, 여자 괴물은 가면을 쓰고 못생겼다는 등의 말을 하였다고 진술하였고, 2003. 10. 14. 검찰에서, Z이 K반 선생님이 자신을 신부방에 데려갔는데, 거기에는 여자 괴물이 가면을 쓰고 있었고 여자 괴물이 자기 고추를 만졌다고 말했다고 하는 등 경찰에서의 진술내용과 동일한 내용으로 진술하였다(갑 9호증의 26, 32).

(C) At the request of the Plaintiff on May 6, 2003, the N of the sexual assault counseling center N of AD stated that the counselor was sexual assault counseling day on April 7, 2003, 203, and the leader of the sexual assault counseling center N of AD, and that "A was sexually freshed," and that "A was sexually freshed," and that "I am freh??" was fred in the event inside the ice fresh?" and that "I gred????? I am greh?????? I am 9, in the process of counseling by the Plaintiff at the request of the police, during his sexual assault counseling day, the Plaintiff was sexually freged by the Defendant G, and the Plaintiff was freged by his new son at the time of his refusal to do so, and the Plaintiff’s testimony was freged by his 1, the witness at the time of his behavior.

2) On May 27, 2003, the director of the Busan Sexual Assault Counseling Center stated that on the police on May 27, 2003, the plaintiff D and Z, and U’s mother consulted mainly with them, they were sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

(D) Medical certificates and medical opinions with respect to plaintiffs A, etc.

1) The letter of the P Hospital surgery and the diagnosis of the Plaintiff A indicates that, in the case of Plaintiff A, the diagnosis of June 27, 2003, the Plaintiff had a reheatative diagnosis as a result of the diagnosis on June 27, 2003, and the heat had reached the heart and is presumed to have been damaged by the engine (Evidence 6).

2) The report on the examination and evaluation of the T Hospital in relation to the plaintiff A and D showed that in light of various actions such as Plaintiff A’s statement and prosecutor’s intercomprehion of sexual organ and strings, Plaintiff A’s sexual indecent act was committed. The same is also the same as that of the plaintiff D’s sexual indecent act after his sexual indecent act was committed (Evidence A1).

3) 원고 A, D 및 Z에 대한 P병원 정신의학적 소견서에는, 원고 A, D는 Z과 함께 2003. 6. 24. P병원에 입원하여 평가를 받았는데, 그 평가 결과 원고 A의 경우 유치원 장면을 재현하는 장면에서 몹시 불안해하고 안절부절하는 행동이 관찰되었고, 신체적 상해에 대한 비정상적 두려움이 보인 점, 원고 D의 경우 유치원 장면을 재현하는 상황에서는 아동이 유치원 교사를 강하게 내리치는 공격성을 보이고, 신부와 관련된 질문에는 함구하다가 질문이 계속되자 검사실 밖으로 나가버린 점, Z의 경우 유치원 장면을 재현한 검사에서 신부가 아이에게 폭력을 가해서 아이가 죽게 되었다는 내용을 수차례 나타낸 점, T병원의 심리평가 결과 A이 '신부가 똥꼬에 쇠를 넣었다'고 직접 진술을 하고, 2이 내가 무서워하는 것은 괴물신부라고 자발적으로 답한 것으로 기재되어 있는 점, 아이들이 유치원에서의 사건을 연상하는 장면을 재현할 당시 거부적인 행동을 하는 점 등에 비추어, 원고 A, D와 Z은 모두 외상후 스트레스 장애라는 정신장애로 진단을 내릴 정도로 심각한 정신적 문제가 있고, 성추행에 의해 심각한 정신적 고통을 받고 있을 가능성이 높은 것으로 평가된다고 기재되어 있다(갑3호증).

(2) However, the evidence mentioned in Paragraph (1) above is difficult to believe that it is not sufficient to recognize the plaintiffs' above assertion in light of these evidence and the following circumstances revealed in the argument of this case.

(A) First of all, the statements made by Plaintiffs A, C, D, F, U, Z, X, AB, etc. are difficult to accept due to the following questions and the circumstances described below (b).

1) First, the Plaintiff’s statement, which was the foundation of the instant case, and the Plaintiff’s statement that was written, are as follows.

① Under the circumstance that Plaintiff A cannot be deemed to have committed an indecent act on the part of Plaintiff C with the first day of her speech or content, it appears that Plaintiff C had committed an indecent act on the part of Plaintiff C as his parent. The leader of Plaintiff C appears to have committed an indecent act on the part of Plaintiff C in advance by using the word “I”, and ② Plaintiff A was able to simply talk any sexual harassment at least anywhere with her leader at the first time. Under this circumstance, Plaintiff A appears to have expressed her leader to the extent that she was exposed to any sexual harassment. It appears that the first day of her speech or sexual harassment with Plaintiff C was not an indecent act on the part of Plaintiff C, and it was difficult to accept that Plaintiff C was an indecent act on the part of the first time through a communication with Plaintiff C, and that it was an indecent act on the part of the Plaintiff C, such as the Plaintiff’s new opinion, and that it was an indecent act on the part of the Plaintiff C, and that it was an indecent act on the part of the Plaintiff C, as it was not an indecent act on the first day.

2) Each of the Plaintiff F, X, and AB’s statements made by the Plaintiff D, U, and Z, and each of the statements made by the Plaintiff F, X, and AB are the following questions.

① The statements of Plaintiffs C, including the Plaintiff D, U and Z, are in contact with the house of various J kindergarten students, including the Plaintiff C, and their mother talks with the Plaintiff at the end of talking about the suspicion of sexual indecent acts as above against the Plaintiff A. Before that, it seems that the mother was aware of any peculiar nature that the Plaintiff’s behavior may relate to sexual indecent acts, or that there is no concern about it. ② The statements of Plaintiff D, U, and Z appear to be a simple answer to the specific and repetitive questions about the sexual indecent acts of the Plaintiff C, his mother, etc., and in the process, the questioner’s intention is followed.

It is difficult to eliminate the possibility of responding to the case. ③ In their statements, there are stories such as tampers, shoulderers, face shields, etc., as in the Plaintiff A, and the contents are about collective and variable sexual indecent acts against the students of the kindergarten by the new father and female, etc., which makes it difficult for the general public to accept as in a more consistent manner, and rather, it is difficult for Defendant G to exclude the possibility that they are related to play, scams, scams, brus, brus, and brusing the excreta to the young students of the kindergarten, etc.

(B) In addition, in light of the fact that the contents of their statements are supported and there is no objective circumstance or circumstance appropriate for them, their statements alone cannot be accepted as they are.

① The Plaintiff D and Z, U et al. did not find out any material room in a kindergarten or toilet located in the Defendant G to the extent that they did not have any studio, or that they did not find any studio in the process of investigating the case of sexual harassment at the police site; ② it cannot be said that the studio or bath created by those kindergarten students with their desire to play straw, or that they did not have any studio in the above studio of the above studio, or that they did not have any studio in the process of investigation, such as search and seizure at the police site, or on-site inspection of the studio (or things that can be seen as such), ④ if they were unable to find out any studio or studio of the studio of the Defendant’s apartment that was found in a studio or an indecent act against the Defendant’s new studio in a way similar to that of the Defendant’s new studio.

8. Where Defendant G et al. has taken more than several number of kindergarten students than a private teacher or a kindergarten outside of the kindergarten, there is a law that there is such student, and there is no witness among the students of the kindergarten or other kindergarten students.

(C) It is insufficient to recognize the plaintiffs' assertion due to the following circumstances, as well as the medical certificate and medical opinion on those kindergarten students, which can be seen as supporting the statements of the plaintiffs A and their mothers.

① In the case of Plaintiff A, even though the result of the P Hospital’s diagnosis was found to have been satisfyed as a result of the P Hospital diagnosis on June 27, 2003, even though it was possible to be diagnosed by means of external observation or consultation on Apr. 14, 2003, there was no such external wound as well as even though it was difficult to complete the police investigation of the above case thereafter, even if it was found at the time of the examination on Apr. 14, 2003; ② even in the case of Plaintiff A, D, and Z, it was difficult to deem that there was any sexual indecent act against their kindergarten students with such medical examination and opinion.

(3) Comprehensively taking account of the above circumstances, there is room for a suspicion of sexual indecent act in a kindergarten in view of the statements made by Plaintiffs A and D as above. However, in this case where there is no objective circumstance or evidence to support sexual indecent act or sexual indecent act in the kindergarten (private officer) in addition to the above statements made by them, in addition to the above statements, there is no sufficient evidence to acknowledge that the evidence, including the evidence mentioned in paragraph (1) above, presented by the Plaintiffs, is attending the kindergarten and it is difficult to recognize that Plaintiff A and D were sexual indecent act or was sexual indecent act against Defendant G, and there is no other sufficient evidence to acknowledge otherwise.

(4) Therefore, the plaintiffs' claims against the defendant G based on the different premise cannot be accepted.

3. Determination as to the claim against Defendant Foundation

A. The plaintiffs' assertion

The plaintiffs asserted that the defendant foundation is responsible for compensating for consolation money for mental suffering suffered by the plaintiffs as the employers of defendant G or J kindergarten teachers due to the above sexual indecent act as the employers of defendant G or J kindergarten teachers.

B. Determination

(1) However, as seen in the above 2.2., the evidence submitted by the plaintiffs alone cannot be acknowledged that Defendant G committed sexual indecent act against Plaintiff A and D, and even if she was sexually committed by she, it is difficult to find out which gender indecent act was committed at any time and anywhere. Furthermore, considering the various circumstances such as the size and curriculum of the J kindergarten, if the J kindergarten teachers could have predicted or predicted the occurrence of sexual indecent act by she as alleged by the plaintiffs, and it is difficult to view that there was negligence in management and supervision, and there is no other evidence to deem otherwise, the Defendant Foundation cannot be held liable for damages.

(2) Therefore, the plaintiffs' claims against the defendant foundation based on the different premise cannot be accepted.

4. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in entirety as it is without merit, and it is so decided as per Disposition.

The presiding judge, the Park Jae-soo

Judges Yoon Young-young

Judges Park Jong-won