The principal of the E High School operated by the defendant against the plaintiff on February 27, 2020.

1. Basic facts

A. The Defendant is an educational foundation operating the E-high school located in the F of Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant school”), and the Plaintiff and G (hereinafter “victim students”) are students who were enrolled in the first year of the instant school around December 2019.

B. On February 24, 2020, the Defendant committed an indecent act on the part of the chests and body part of the victim’s female students at the instant school playground sperm, on the ground that “the Plaintiff, who is a female student, committed an indecent act on the part of the chests and body part of the victim’s female students at the instant school playground sperm,” pursuant to Article 17(1)1, 5, 6, and 9 of the Act on the Prevention of and Countermeasures against Violence at School Violence (hereinafter “School Violence Prevention Act”) against the Plaintiff and the Plaintiff’s guardian, the written apology about the victim’s guardian, five hours of completion of special education by internal and foreign experts, five hours of completion of special education by guardians, five days of suspension of attendance (from March 9, 202 to March 13, 202)” is “the instant measure”.

[The facts that there is no dispute over the basis for recognition, the entries in Gap evidence 1 and 2, and the purport of the whole pleadings.]

2. Determination

A. Article 2 subparag. 1 of the School Violence Prevention Act provides that “school violence” means an act resulting in physical or mental harm or property damage caused by an injury, assault, confinement, intimidation, abduction, abduction, defamation, insult, coercion, coercion, sexual assault, bullying, cyber bullying, or obscene or violent information via an information and communications network inside or outside of school premises, and Article 5(2) of the School Violence Prevention Act provides that “where the provisions of other Acts prescribe otherwise, sexual assault in Article 2 subparag. 1 shall not apply.” In full view of the above provisions, sexual assault corresponding to school violence under the School Violence Prevention Act may be assessed as an act resulting in a victim’s physical or mental injury or property damage by infringing on the victim’s sexual self-determination right against the victim’s will even if the sexual assault subject to criminal punishment is not limited to the degree of sexual assault.