2014 Gohap46573 Survivors' benefits, etc.

1. A;

2. B

3. C.

4. D;

Busan Metropolitan City School Safety Mutual Aid Association

December 11, 2014

January 15, 2015

1. The defendant shall pay to the plaintiff A 169,780,314 won, 161,363,714 won, 2,500,000 won, and 5% per annum from June 17, 2014 to January 15, 2015, and 20% per annum from the next day to the date of full payment.

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

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Basic facts

(a) The relationship between the parties;

(1) At the time of February 21, 2014, E (F) was enrolled in the third grade of H high school located in Seo-gu Busan Metropolitan City as of February 21, 2014, and Plaintiff A, B, and D were parents, and Plaintiff C, and D are students of E. (2) The Defendant is a corporation established by the Superintendent of the Busan Metropolitan Office to implement a school safety mutual aid project, which is the principal of all levels of schools, such as kindergartens, elementary schools, middle schools, and high schools located in Busan Metropolitan City, and pays a mutual aid benefit for various safety accidents that occur in the relevant school.

B. Occurrence, etc. of the instant accident

(1) On February 21, 2014, E came to be used in the future in order to resolve physiological phenomenon by entering a toilet in front of the third floor of the 14:00 in a self-learning course (hereinafter “instant accident”). From 16:50 to 16:50 after self-learning, I and J discovered E used in a toilet due to the lack of E, and discovered it to be known to the principal of H high school. At around 17:02, Busan Central Busan Central District Fire Fighting Station, 119 first aid units, who received a reported telephone, arrived at H high school and sent it back to the emergency room of the East Asia University University, while taking a chest pressure on the part of the first-aid vehicle in a state of stop and respiratory suspension.

(2) At around 17:18, E (hereinafter referred to as "the deceased") arrived at the emergency room of the East Asia University Hospital, but died, and the person directly in charge of the autopsy on the body of a deceased person is a physical examination by his own tax, and the cause is "presumptive (presumed)".

(3) The Plaintiff asserted that the death of the Deceased constitutes a school safety accident that occurred during educational activities, and filed a claim for the payment of deduction benefits (bereaved Benefits) to the Defendant, but the Defendant, on April 21, 2014, rendered a decision on deduction benefits (the decision on payment of consolation benefits) and notified the Plaintiff A. Accordingly, the Plaintiff appealed and filed a request for the examination of school safety mutual aid benefits with the Defendant, but the Defendant dismissed the instant accident on June 17, 2014, on the ground that the instant accident was caused by cerebral cerebriform (liver) which is a disease of the ordinary deceased, and that it does not constitute a “school safety accident.”

(4) On the other hand, H High Schools conduct night learning up to 21:00 after 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 received cerebral cerebral typhism from the Busan National University Hospital. Since around September 1, 2008, the treatment process was improved, and there was no recurrence of hysarism after the hysarism occurred on June 28, 201, and there was a growing opinion on hysphism. The doctor in charge of the Deceased expressed that the treatment process was good and the treatment was planned to be terminated 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 filed a claim for deduction with the Defendant on the premise that the instant accident falls under the school safety accident under the Act on the Prevention of and Compensation for Accidents at School (hereinafter referred to as the “Act on the Compensation for Pre-School Accidents”). Accordingly, the Defendant asserted that the instant accident was caused by cerebral cerebral typhism, which is an illness of the usual deceased, not falling under school safety accident, and that there was no causal link between the instant accident and the death of the deceased even if it falls under school safety accident.

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 prevent school accidents and to provide for matters necessary for the implementation of the school safety accident mutual aid program (Article 1) to ensure the appropriate and prompt compensation for damages caused by school safety accidents. 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 the term "school safety accident" means any accident that occurs during educational activities, which causes the life or bodily injury of students, school employees, or participants in educational activities, and does not separately define the cause of the accident, and Article 43 of the same Act does not provide for the causes of the accident, but does not limit the accidents caused by the beneficiaries' self-harm, suicide, etc., on the grounds of restricting the amount of mutual aid benefits to be provided to the beneficiaries' children, school employees, or participants in educational activities (see Article 16 (1) of the Enforcement Decree of the School Safety Accident Compensation Act).

In addition, Article 2 subparag. 4 (a) and (c) of the School Safety Accident Compensation Act stipulates that the above activities are educational activities, such as class, special activities, discretionary activities, extracurricular activities, training activities, athletic meetings, and other activities conducted under the management and supervision of the principal in and out of the school in accordance with the education plan and education policy as determined by the head of the school. Article 2 subparag. 4 (a) and (c) of the Enforcement Decree of the School Safety Accident Compensation Act provides that the above activities are those conducted during the hours determined by the Presidential Decree, and Article 2(2) and (3) of the Enforcement Decree of the same Act provides that the hours of the ordinary stay hours before and after the break

(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. However, during the last three years, the deceased was continuously exposed to overwork and stress by taking advantage of the three-year class students of high school, who were in the third grade of high school without symptoms, such as an excessive academic schedule and mother's death requiring intensive concentration, and it is reasonable to view that such overwork and stress have been accumulated for a certain period and eventually affected cerebral typhism.

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 an insured person dies due to a school safety accident, the bereaved family's benefits and funeral expenses shall be paid." Thus, in order to receive the expenses of the bereaved family's benefits and the bereaved family's funeral expenses, there exists a causal relationship between the school safety accident and the death. However, if at least the school safety accident overlaps with the principal cause of the death even though the principal cause of the death was not directly related to the school safety accident, and if the death was caused as a result, at least the school safety accident overlaps with the principal cause of the death, the causal relationship exists. The causal relationship does not necessarily have to be clearly proved in medical and natural science, and there is a proximate causal relationship between the school safety accident and the death when considering all the circumstances (see Supreme Court Decision 2011Da11961, Dec. 13, 20

In light of the following circumstances acknowledged as above, the deceased at the time of the accident in this case, as a student in the third grade of high school, appears to have suffered considerable stress through class and test, etc., the deceased was faced with cerebral chronology for the last three years, such as that there was no recurrence of hystrophy during the recent three years, and the person directly in charge of the deceased's autopsy on the body of the deceased is a "prym", and the cause of such hysical hystrophy", it is reasonable to deem that such excessive stress, etc. affected the deceased's cerebral tension or caused the accident in this case because it overlaps with the above disease, and thereby caused the death of the deceased.

(4) The theory of lawsuit

Therefore, since the deceased falls under the case where the deceased died due to the school safety accident, the defendant is obligated to pay the 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

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

(A) Actual income;

○ Personal Information: Women, Date of birth F (17 years of age 17 and 9 years of age at the time of the instant accident), Name 67.84 years of age

○ Employmentable Period: From January 12, 2017, the Deceased’s 20 years of age to January 11, 201, the day before the Deceased’s 60 years of age as 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 Article 20(1) of the 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 = 274.402- 31.7354, heading volume coefficient exceeding 240) X65%, X65%, 5% of the deceased as of February 21, 2014, and the deceased’s death, in accordance with the reduction method, which is the rate of 5% per month.)

[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

○ Plaintiff A, each of 10,000,000 won

○ Plaintiff C, D 2,500,000 won

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

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

(3) Inheritance relationship

○ Plaintiff A, B: Each of 154,428,856 won = 308,857,712 won (=288,857,712 won of the deceased’s lost income + 20,000 won of consolation money of the deceased + 1/2 of the deceased’s lost income of 154,428,856

(4) The theory of lawsuit

Therefore, the Defendant is obligated to pay 151,363,714 won to Plaintiff A (i.e., 154,428,856 won in inheritance + 151,363,714 won in inheritance + 10,000,000 won in funeral expenses + 8,416,600 won in inheritance + 161,363,714 won in inheritance + 151,363,714 won in inheritance + 154,428,856 won in inheritance + 10,000 won in inheritance + 151,363,714 won in inheritance + 10,000,000 won in inheritance; and 2,50,000,000 won in inheritance; and damages for delay calculated by the Defendant to the 15th day of June 17, 2014 in accordance with the Plaintiffs’ respective claims for reimbursement of the Plaintiff’s school safety deduction review.

3. Conclusion

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

The presiding judge, deputy judge and assistant judge.

Judges Lee private-public;

Judge Choi Jin-hun

1) Payment based on 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

The decision was made.

[2] Supreme Court Decision 96Da5667 delivered on April 12, 1996