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(영문) 서울고등법원 2015.10.16 2015나2035445
공제급여
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows: “School Safety Act” of No. 2, No. 11 of the judgment of the court of first instance shall be deemed as “School Safety Accident Compensation Act” and the part “Immediate” of the 14th to 16th of the 16th of the 14th of the 16th of the 16th of the 16th of the 14th 16th 201. The deceased shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except as otherwise stated in paragraph (1) of the 1st 2nd of the 1st 2nd 1st 2nd 1st 2013 in order to participate in the Taekwondo class operated by the above school (hereinafter “the instant accident”).

2. Judgment on the plaintiffs' assertion

A. In order to participate in the Taekwondo class operated at the above school, the deceased claimed in the above school was used in the front corridor of the lecture hall up to the fifth floor of the above school building, which is a class place, and then the deceased died due to an accident for which the leader of the Taekwondo industry did not take appropriate emergency measures against the deceased. This constitutes a school safety accident as prescribed by the School Safety Accident Compensation Act. Since there is a proximate causal relation between the school safety accident and the death of the deceased, the defendant is obligated to pay bereaved family benefits and funeral expenses to the plaintiffs pursuant to Articles 39 and 40 of the School Safety Accident Compensation Act.

B. According to the former part of Article 2 subparag. 6 of the School Safety Accident Compensation Act, the term "school safety accident" means an accident that happens during educational activities and refers to any accident that causes harm to the life or body of students, teaching staff, or participants in educational activities, and does not separately stipulate the cause of the accident. Thus, the life of a student, teaching staff, or participants in educational activities is an accident that happens during educational activities under Article 2 subparag. 4 of the School Safety Accident Compensation Act and Article 2 of the Enforcement Decree

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