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(영문) 서울고등법원 2016.11.01 2016나2061281
공제급여
Text

1. The text of the judgment of the court of first instance, including the respective claims of plaintiffs A and B expanded in the trial of the court of first instance, is as follows.

Reasons

1. Basic facts

A. Plaintiff A and B are parents of net E (G students, hereinafter “the deceased”), and Plaintiff C and D are the births of the deceased.

B. Under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), the Defendant is a juristic person established to compensate for students, etc. who have suffered damage to their lives and bodies due to school safety accidents in schools located in Seoul Special Metropolitan City.

C. At around 09:00 on October 12, 2013, the Deceased was used in the front corridor of the lecture party from among the lectures listed through stairs up to the fifth floor of the building in the above school, which is a class place, in order to participate in the Taekwondo class operated by the above school.

The Taekwondo class instructor discovered the Deceased and reported to the 119 Safety Report Center around 09:02 on the same day, and at the time, the Deceased was in a state that hembling and repulmonation was weak.

At around 09:18 of the same day, an emergency medical service worker transferred the deceased and arrived at the emergency room of the Gangseo-gu Northern Hospital at around 09:23 of the same day, but died at around 12:31 of the same day.

(hereinafter “instant accident”) e.

The deceased's direct private person is "the symptoms of acute funeral," and the H of the department of emergency medical services at the time of emergency treatment and prepared the death diagnosis report can be presumed to be a stop by the heart disorder if the deceased was in a sudden situation.

F. The Deceased worked as a swimming player from the first to fourth grade of an elementary school, and was written in school classes around July 2013, but the cause was not revealed, and there is no evidence to deem that there was a spasty or physical factors, which caused the Deceased’s symptoms of acute funeral.

G. On November 11, 2013, Plaintiff A filed a claim for mutual aid benefits related to the instant accident against the Defendant, and the Defendant is deemed to have died due to the cause not known, as stipulated in Article 40-2 of the School Safety Act.

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