1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On February 17, 2004, the Plaintiff, who was born in 1994, was partly awarded a favorable judgment on KRW 1.5 million in the first instance court, and damages for delay thereof (court No. 2007No. 43877), and KRW 1.5 million in the second instance court (court No. 2008Na1761). The Plaintiff’s appeal against the above second instance judgment was dismissed on January 30, 2009 (Supreme Court No. 2008Da85826). There is no dispute between the parties (Supreme Court Decision 2008Da85826).

The plaintiff asserts to the effect that the teachers of the B elementary school affiliated with the defendant neglected the duty of supervision over the plaintiff, and the plaintiff suffered from the pain to the present time due to opportal diseases, mental fissions, and urology in the school, etc., the defendant is obligated to compensate for the damage suffered by the plaintiff.

Therefore, the health department, the principal of a school established and operated by a local government, or the principal of a school or a teacher of a school established and operated by a local government, is obligated to supervise students on behalf of a legal supervisor, such as a person with parental authority, pursuant to the Education Act, and such duty to protect and supervise them does not affect all the students' living conditions in the school. However, if it is predicted or predictability that an accident may normally occur in school life in consideration of the time and place of educational activities in the school, the ability of the perpetrator to separate the offender, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances, the principal or teacher shall be liable for the violation of the duty to protect and supervise the students.

(see, e.g., Supreme Court Decision 2005Da24318, Apr. 26, 2007). However, the evidence presented by the Plaintiff alone is ordinarily attributable to the Plaintiff in school life.