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(영문) 서울남부지방법원 2020.05.07 2019가단271023
공제급여 지급 청구
Text

1. The Defendant’s KRW 106,169,040 as well as 5% per annum from April 2, 2019 to December 12, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), the Defendant is the C-Aid Association established in Seoul Special Metropolitan City to compensate for students, etc. who have suffered damage to their lives and bodies due to school safety accidents.

B. On August 27, 2016, the Plaintiff was a student of the D High School affiliated with the Defendant Mutual Aid Association, and knenee, knee, knee, knee, knee, knee, left the instant school team’s team while participating in the games in the “G Games” event held at the F High School located in Gwanak-gu, Seoul Special Metropolitan City on August 27, 2016.

After the operation, 6.9m dynamics of 6.9m were confirmed as the result of the function test, which is the slotist, after the operation.

C. On March 18, 2019, the Plaintiff demanded the Defendant to pay the deduction benefits.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the result of a physical appraisal commission to the H Hospital Head of this Court, the purport of the whole pleadings

2. Determination

A. The Plaintiff, upon occurrence of the liability to pay the mutual aid benefits, was injured due to the school safety accident, and if the Plaintiff has a disability even after the completion of medical care, the Defendant is obligated to pay disability benefits to the Plaintiff pursuant to Article 37(1) of the School Safety Act.

However, Article 37(2) of the School Safety Act delegates matters necessary for the criteria for determining the degree of disability and the calculation of the amount of disability benefits and the method of payment thereof to be prescribed by Presidential Decree. Article 16(1) of the Enforcement Decree of the School Safety Act provides for the degree of physical disability and the rate of loss of labor ability when calculating disability benefits.

The corresponding parts in attached Table 2 shall be as follows:

Class 12 of the Loss Rate of Labor Capacity for Physical Obstruction (%)

7. The facts that there remain 6.9m dynamics of 6.9m as the result of the performance test of sloping sloping sloping function after the operation of the 15 Plaintiff are the same as seen earlier.

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