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(영문) 의정부지방법원 2017.04.28 2016가합52910
공제급여
Text

1. The defendant shall pay to the plaintiff A KRW 217,293,227, and KRW 165,45,007, and KRW 2,50,000 to the plaintiff C, respectively.

Reasons

1. Basic facts

A. D (E) was a student in the first grade of F Middle School located in the Gyeonggi-si at the time of the Gyeonggi-si on December 22, 2014, and Plaintiff A and B were the parents of Plaintiff D, and Plaintiff C is the accumulated group of Plaintiff C.

The defendant is a corporation established by the superintendent of an office of education of Gyeonggi-do to implement a school safety mutual aid project, and the head of each school, such as kindergartens, elementary schools, middle schools, and high schools in Gyeonggi-do, shall be the insured and shall be paid mutual aid benefits for various

B. D, as of December 22, 2014, was enrolled in F Middle Schools, lost consciousness as a classroom in around 08:40 on the same day. Teachers reported to 119, and sent back to the Seoul Central Hospital emergency room by the 119 first aid unit that was dispatched immediately.

C. D (hereinafter referred to as “the deceased”) was diagnosed on January 11, 2016 in the state of being aware of the injury to the obsital brain in the Seoul Special Hospital, the detailed unknown heart suspension, and the her he/she was killed on January 11, 2016 while being receiving treatment in the middle-patient’s room in an unidentified state of consciousness. The death’s direct death in the death’s medical certificate is “fluorial suspension,” and the cause is “fluoral blood transfusion.”

(hereinafter referred to as “instant accident”). D.

Plaintiff

B, on April 9, 2015, asserting that the instant accident constituted a school safety accident, the Defendant filed a claim for the payment of medical care benefits with the Defendant, but the Defendant rejected the claim. On July 2015, the Plaintiff B filed a request for a school safety mutual aid review with the Defendant on or around July 2015, but the Defendant notified the Defendant that the instant accident was dismissed on September 4, 2015 on the ground that it does not constitute a school safety accident.

On December 3, 2015, Plaintiff B filed a request for reexamination with the School Safety Mutual Aid Review Committee. However, on February 19, 2016, the School Safety Mutual Aid Review Committee dismissed Plaintiff B’s request for reexamination on the ground that it is difficult to readily conclude that D’s state of injury was caused by shock or credit going beyond the classroom.

[Ground of recognition] Unsatisfy, A(1) through (2)

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