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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Article 39 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”) and Article 40 of the same Act provide that the bereaved family’s benefits and funeral expenses shall be paid to “where a person under a deduction dies due to a school safety accident.” Thus, in order to receive the bereaved family’s benefits and funeral expenses, there exists a causal relationship between the school safety accident and the death. However, even though the principal cause of death does not have a direct relationship with the school safety accident, if at least the school safety accident overlaps with the principal cause of death and causes death, then the causal relationship exists between the principal cause of the death. Such causal relationship does not necessarily have to be proved clearly by medical or natural science, and even if there is a proximate causal relationship between the school safety accident and the death, considering all circumstances, such causal relationship
(Supreme Court Decision 201Da111961 Decided December 13, 2012). 2. A.
The judgment below
The reasons and records reveal the following circumstances.
(1) E (202 students) who were enrolled at the F Elementary School (hereinafter referred to as “school”) was used in the front corridor of the lecture party among the lecture rooms located on October 12, 2013 in the fifth floor of the school building, which is a class place, in order to participate in Taekwondo classes operated by a school around 09:00.
(2) The Taekwondo instructors discovered E and reported it to the Safety Report Center around 09:02 on the same day, and at the same time, E had weak beer and respiratory level.
(3) A 119 first responder transferred E on the same day at around 09:18, and arrived at the emergency room of the Gangseo-gu Seongbuk Hospital on the same day at around 09:23 of the same day. At that time, E was in a serious stop state where active symptoms are not measured, and eventually died.