Age and capacity of minors;

The existence of intelligence to change liability for a tort cannot be uniformly determined by the school year of an age educational institution, and individual determination of the degree of each person's intelligence development by his/her own behavior, etc. is required. However, it cannot be seen that an act of a middle school student with excellent records of 13 years and 5 months in 13 years and 70 centimeters in length is an act of a perpetrator with sufficient ability to change his/her legal responsibility, and an act of a middle school student's act of throwing a rubber gun with strong capacity of 70 centimeters in length after Plaintiff Park Jong-ho, and that he/she returned back to the next end is an act of a perpetrator with sufficient legal capacity to change his/her responsibility.

Article 753 of the Civil Act

Park Ho-ho et al. and two others, Counsel for the defendant-appellant-appellant

Defendant 1 and one other

Seoul High Court Decision 76Na2308 Decided February 8, 1977

The original judgment is reversed, and the case is remanded to the Seoul High Court.

The plaintiffs' grounds of appeal by Kim Jong-chul are examined.

According to the records, the court below held that the non-party, who is the perpetrator of the instant accident, was a middle student with an excellent record of 13 years and 5 months at the time, and that he was a person with intelligence to change the liability of this case, and that he was a parent of this case without holding the form of the tort. Thus, the court below held that the non-party as the perpetrator of the instant accident, was not liable for the Defendants’ tort as a supervisor.

However, according to the plaintiffs' assertion, the above non-party asserted that the rubber gun, the length of which is strong 70§¯, was cut in the aftermath of the plaintiff Park Ho-ho and that the plaintiff Park Ho-ho was launched about the inside of the winterer who returned back to the aftermath of the plaintiff Park Jong-ho, and that the non-party started a night-time stone. If that fact is true, it cannot be seen that the above non-party's ability to change legal responsibility is sufficient behavior of the actor, and therefore, it is obvious in light of ordinary rule of experience that the same judgment cannot be made.

Nevertheless, the court below did not fully examine the above points, and it was improper that the above non-party was not liable for damages as to the defendants on the ground that it had the ability to change legal responsibilities, and therefore, it is so decided as per Disposition by the assent of all participating judges in order to re-examine and determine this point.

Justices Ahn Byung-soo (Presiding Justice) (Presiding Justice)