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(영문) 전주지방법원 2019.01.03 2017가단21376
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Plaintiff A’s assertion is a student who was enrolled in the fourth grade of C Elementary School in 2013, and Plaintiff B is the mother of Plaintiff A, and Plaintiff A was subject to school violence, such as bullying and physical violence, from other students at the time of attending the C Elementary School in 2012 and 2013. Although the Plaintiffs reported due to the occurrence of school violence as above, C principal, teachers, and teachers were aware of the Plaintiffs’ opinions, the C Elementary School principals, the Local Committee on Countermeasures against School Violence, the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission did not neglect the Plaintiffs, but did not make a proper decision (disposition) based on facts. Therefore, Defendants should compensate the Plaintiffs for damages.

2. We examine the following circumstances: ① The facts related to school violence alleged by the Plaintiffs were recognized to a certain extent in the relevant litigation (former District Court Decision 2015Da21297) but there is no evidence to prove that the principal of C elementary school and teachers or employees of the Do Office of Education have silented the Plaintiffs’ opinions by concealing, reducing, or disregarding the Plaintiffs (in addition, it is difficult to recognize that the aforementioned act was committed solely on the ground that the opinion of the Plaintiffs was presented or the demand of the Plaintiffs was not accepted). ② Even if the Local Committee on Countermeasures against School Violence, the Central Administrative Appeals Commission of Korea, even if it was somewhat different from the facts alleged by the Plaintiffs, it is difficult to deem that the act was committed intentionally or negligently, and ③ the principal of C elementary school or the relevant teachers were subject to the warning of the “civil petitioner complaint”, the “school violence processing lawsuit”, the “indemnite school violence autonomous committee” or the “indemnite school violence autonomous committee” in relation to the instant case.

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