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(영문) 부산지방법원 2015. 1. 15. 선고 2014가합46573 판결
[유족급여등][미간행]
Plaintiff

Plaintiff 1 and three others (Law Firm Shinsung, Attorneys Kim Jong-chul, Counsel for the plaintiff-appellant)

Defendant

Busan Metropolitan City School Safety Mutual Aid Association (Attorney Ansan-gun, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

December 11, 2014

Text

1. The Defendant shall pay to Plaintiff 1 1 169,780,314, and to Plaintiff 2 161,363,714, and to Plaintiff 3, and Plaintiff 4 2,50,000, respectively, 5% per annum from June 17, 2014 to January 15, 2015, and 20% per annum from the next day to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Basic facts

(a) The relationship between the parties;

(1) At the time of February 21, 2014, Nonparty 1 (the date of January 12, 1997) was a student attending the third grade of the △△ High School located in Seo-gu Busan Metropolitan City ( Address omitted). Plaintiffs 1 and 2 were the parents of Nonparty 1, and Plaintiff 3 and Nonparty 4 were the parents of Nonparty 1. Nonparty 1.

(2) The Defendant is a juristic person established by the Superintendent of the Busan Metropolitan City Office of Education to implement a school safety mutual aid project, and the principal of each school, such as kindergartens, elementary schools, middle schools, and high schools in Busan Metropolitan City, shall be a subscriber, and shall be paid a mutual aid benefit for various accidents

B. Occurrence, etc. of the instant accident

(1) On February 21, 2014, Nonparty 1 entered a toilet in front of the △△ High School and was used in the future to resolve physiological phenomenon (hereinafter “instant accident”). At around 16:50, Nonparty 2 and Nonparty 3 discovered Nonparty 1, who was used in a toilet during the process of self-learning, and discovered Nonparty 1 as Nonparty 1 did not appear, and known the assistant principal of the △△ High School. At around 17:02, Nonparty 1, a 119 emergency fire fighting unit, a △△△ High School, arrived at the △△ High School and sent Nonparty 1, who was in the state of the stop and the respiratory condition, to the emergency room at the ○○ University Hospital while pressured the heart on the vehicle.

(2) Nonparty 1 (hereinafter “the deceased”) arrived at the emergency room of ○ University Hospital at around 17:18, but died, and the person directly in charge of the autopsy on the body of the deceased was “assumed by her own rent,” and the cause is “assumed by her own rent,” and the cause is “assumed.”

(3) Plaintiff 1 asserted that the deceased’s death constitutes a school safety accident that occurred during educational activities, and filed a claim for the payment of deduction benefits (bereaved Benefits) with Nonparty 1. However, on April 21, 2014, the Defendant rendered a decision on deduction benefits (payment of consolation benefits) and notified the Plaintiff 1. Accordingly, Plaintiff 1 appealed and filed a request for a school safety mutual aid review with the Defendant, but the Defendant dismissed the instant accident on June 17, 2014 on the ground that the instant accident was caused by thalphism, which is an illness of the ordinary deceased, and that it does not constitute “school safety accident.”

(4) On the other hand, △△ High Schools conduct night learning up to 21:00 after the completion of regular classes in the case of the third year, and conduct mid-time examinations, horse examinations, academic achievement evaluation, national combined academic achievement evaluation, practical English evaluation tests, intra-school debate, career reading contest, English reading level, English hearing, English competition, etc.

(c) The deceased's spathrosis;

(1) From September 11, 2008, the Deceased was treated as cerebral typhism at the University Hospital of Do, △△△△ (hereinafter “Seoul”) from around September 11, 2008. The process of treatment was improved, and there was no recurrence of hysarism after hysar took place on June 28, 201, and there was a growing opinion of hysarism. The doctor in charge of the Deceased expressed that the process of treatment was good and the plan was planned to terminate the treatment after the treatment by 2014.

(2) An excessive tension or tension degradation, physical skin, severe movement, etc. caused by mental stress is an element of cerebral typhism.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 7, 10 to 15 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion

The Plaintiffs claim deduction benefits to the Defendant on the premise that the instant accident falls under the school safety accident prescribed by the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Accident Compensation Act”). Accordingly, the Defendant asserted that the instant accident was caused by cerebral typhism, which is an illness of the ordinary deceased, and does not constitute school safety accident. Moreover, even if the instant accident falls under school safety accident, there was no causal link between the instant accident and the deceased’s death.

B. Relevant statutes

It is as shown in the attached Form.

(c) Occurrence of payment obligation, such as bereaved family benefits;

(1) Whether the instant accident constitutes a school safety accident

(A) The purpose of the School Safety Accident Compensation Act is to provide for matters necessary for the implementation of a school safety accident mutual aid program (Article 1) to prevent school accidents and to compensate students, school employees, and participants in educational activities for damages reasonably and promptly. The amount of mutual aid benefits under this Act differs from the general compensation system by not asking for the occurrence of accidents such as school principals, school employees, etc. at the level of social security, but performing compensation as prescribed by the Act. The first part of Article 2 subparagraph 6 of the School Safety Accident Compensation Act provides that “school safety accidents refer to accidents that occur during educational activities, which cause the life or damage of students, school employees, or participants in educational activities.” In light of the fact that Article 43 of the same Act does not provide for the causes for the restriction of mutual aid benefits, but does not limit the accidents such as those caused by the beneficiaries’ self-harm or suicide, etc., and it does not constitute “school safety accidents” under Article 10 16 subparag. 2 of the Enforcement Decree of the School Safety Accident Compensation Act or 2 of the School Safety Accident Compensation Act.

In addition, Article 2 subparag. 4 (a) and (c) of the School Safety Accident Compensation Act provides that activities such as class, special activity, discretionary activity, extracurricular activity, training activity, sports competition, etc. conducted within and outside of the school under the management and supervision of the principal in accordance with the curriculum of the school or the education plan and education policy as determined by the head of the school, and other activities related thereto during the hours determined by the Presidential Decree, shall be an educational activity. Article 2(2) and (3) of the Enforcement Decree of the same Act provides that the hours of school in accordance with the normal time of stay before and after the break time and the educational activity and the direction of the head of the

(B) In full view of the aforementioned facts and the purport of the argument as a whole, the deceased had a spathic cerebral cerebral typhism, but it is reasonable to deem that the first-class student of the third grade of the high school was continuously exposed to overwork and stress by taking advantage of the academic schedule and the mother’s death requiring intensive concentration for about the last three years, and that such overwork and stress have accumulated for a certain period of time, thereby causing an accident of this case.

Therefore, the accident of this case, which the deceased was used in the toilet after the commencement of autonomous learning, constitutes an accident during educational activities and constitutes a school safety accident under the School Safety Accident Compensation Act.

(2) Whether the deceased died due to a school safety accident

Article 39 of the School Safety Accident Compensation Act and Article 40 of the same Act provide that “if a person under mutual aid dies due to a school safety accident, the bereaved family’s benefits and funeral expenses shall be paid.” Thus, in order to receive the bereaved family’s benefits and funeral expenses, there exists a causal relationship between the school safety accident and the death. However, if at least the school safety accident even though the principal cause of death does not directly relate to the school safety accident and caused the death as a result of the overlap between the principal cause of the death, the causal relationship exists between the school safety accident and the death. The causal relationship does not necessarily have to be proved by medical and natural science, but it shall be deemed that there is proof even in cases where there is a proximate causal relationship between the school safety accident and the death, considering all the circumstances (see Supreme Court Decision 2011Da11961, Dec. 13, 2012)

In light of the following circumstances acknowledged as above, at the time of the instant accident, the Deceased appears to have suffered considerable stress through class and test as a high school student, the Deceased seems to have been subject to serious stress through a class and test, etc. for the last three years, such as the absence of a recurrence of light training for about the last three years, and the direct death on the deceased’s body autopsy report is “quality by self-harm,” and the cause of the death is “livering.” In light of the following circumstances, it is reasonable to view that the above excessive stress, etc. affected the Deceased’s cerebriformiformsis or caused the instant accident because it overlaps with the above disease, and thus, the Deceased caused the death.

(4) The theory of lawsuit

Therefore, the deceased constitutes “where a person under mutual aid dies due to a school safety accident,” and the defendant is obligated to pay bereaved family benefits and funeral expenses to the plaintiffs pursuant to Articles 39 and 40 of the School Safety Accident Compensation Act.

D. Scope of liability to pay mutual aid benefits

(i) Survivors' benefits (Article 39 of the School Safety Accident Compensation Act, Article 18, 19, 20 of the Enforcement Decree of the same Act);

(A) Actual income;

○ Personal Information: Women, Date of birth on January 12, 1997 (the 17 years of age 17 and 9 months of age at the time of the instant accident) and the extent of 67.84 years of age

○ Employmentable period: From January 12, 2017, the deceased’s age of 20 years to January 11, 2057, the day before he/she reaches the age of 60, the maximum working age.

○ Average Wage: 1,851,652 won (=84,166 won x 22 days in the second half of 2014 in the report on the actual status of wages issued by the Korea Construction Association)

○ Cost of living: 35% (attached Table 7 of Enforcement Decree of the School Safety Accident Compensation Act)

○ Calculation: 288,857,712 won (=1,851,652 won = 84,166 won x 22 days) x heading coefficient 240=i.e., 274.402- 31.7354, heading weight coefficient exceeding 240) x 65% x 65% x 5% of the deceased’s death, in accordance with the reduction method, based on the rate of 5% per month as of February 21, 2014)

[Ground of recognition] Unsatisfy, Gap evidence 8-1 and 2-2, rule of experience, significant facts in this court, the purport of the whole pleadings

(B) Consolation money (attached Table 6 of Enforcement Decree of the School Safety Accident Compensation Act)

○ Deceased 20,000,000

○ Plaintiffs 1 and 2, respectively, KRW 10,00,000

○ Plaintiffs 3 and 4, respectively, KRW 2,500,000

(2) Funeral expenses (Article 40 of the School Safety Accident Compensation Act)

○ Plaintiff 1: 8,416,600 won (i.e., the unit wage rate of the ordinary worker in the second half of 2014 x 10 days in the investigation report on the actual status of wages issued by the Korea Construction Association)

(3) Inheritance relationship

○○ Plaintiff 1 and Plaintiff 2: Inheritance of KRW 154,428,856, respectively (=308,857,712 (=288,857,712) of the deceased’s lost income + 20,000,000 for consolation money of the deceased + 1/2 of the inheritance shares)

(4) The theory of lawsuit

Therefore, the Defendant is obligated to pay 151,363,714 won to Plaintiff 1 (i.e., 154,428,856 won in inheritance + 151,363,714 won in inheritance + 10,000,000 won in funeral + 8,416,600 won in inheritance + 161,363,714 won in inheritance + 151,363,714 won in inheritance + 151,363,714 won in inheritance + 10,000,000 won in annual damages for delay calculated from the following day to June 15, 2015 in accordance with the Plaintiffs’ claim against each of the above money.

3. Conclusion

If so, all of the plaintiffs' claims are reasonable, it is decided as per Disposition by admitting them.

[Attachment]

Judges Anti-Manopoon (Presiding Judge)

1) On the basis of Article 40-2 (Consolation Money) of the Act on the Prevention of and Compensation for School Safety Accidents and Article 20-2 (Payment of Consolation Money) of the Enforcement Decree of the same Act, a decision was made.

Note 2) Supreme Court Decision 96Da5667 delivered on April 12, 1996

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