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(영문) 서울중앙지방법원 2014.12.29 2014나9990
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. The reasons why the court should explain this part of the recognition are as follows: “Plaintiff C is a student of the fifth and fifth grade of the E elementary school established and operated by the Defendant around 10:00 on June 4, 201,” as stated in the second sentence of the judgment of the court of first instance, except that “Plaintiff C is a student of the fifth and fifth grade of the E elementary school established and operated by the Defendant at the time of around 2011, who is a student of the fifth grade in the Seoul Dongjak-gu Seoul Dongjak-gu J elementary school established and operated by the Defendant at around 10:0 on June 4, 201, and is identical to the corresponding part of the reasoning for the judgment of the court of first instance.” Thus, this is cited pursuant to the main sentence of Article 420 of the

B. (i) The principal of a school or the principal of a school is obligated to protect and supervise students. However, such duty to protect and supervise students on behalf of a person with parental authority or other legal supervisor under the Education Act is recognized for students who are engaged in educational activities in a school or have a close relation to such activities. The principal of a school or the principal of a school is responsible for teachers, etc. to the extent that such accident may normally occur even if a student is involved in an accident due to his/her neglect of the duty to protect and supervise students. Such predictability should be determined by considering the student’s age, social experience, judgment ability, etc.

(See Supreme Court Decision 96Da19833 delivered on August 23, 1996, etc.). According to the above facts, although the instant accident occurred due to the G’s behavior in violation of the direction of the F, i.e., the Plaintiff, a public educational official affiliated with the Defendant, of the fifth grade of elementary school using a portable gas tape, for practical training for students in the fifth grade of elementary school, with a high level of self-defense and lack of decentralization in relation to things, the Plaintiff’s hensnsns of gas gas.

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