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(영문) 의정부지방법원 2018.02.07 2016가단129561
장해급여 청구의 소
Text

1. The defendant's 82,106,54 won, Plaintiff B and C respectively, and 375,000 won, respectively, to Plaintiff D and E. respectively.

Reasons

1. Basic facts

A. The Defendant is a corporation established pursuant to the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which is a school safety mutual aid business operator to which the head of the F High School has joined.

Plaintiff

A is a student who was enrolled in the F High School (hereinafter referred to as “instant school”), and the Plaintiff B, and C are the Plaintiff’s parents, Plaintiff D, and E’s siblings.

B. On March 7, 2015, while attending the instant school, Plaintiff A was faced with knee on the other player’s bridge technology while undergoing leading training at a gymnasium (hereinafter “instant accident”). Plaintiff A was subject to the instant accident by kneeing on the other player’s bridge technology (hereinafter “instant accident”).

C. Plaintiff A suffered from the injury of the Republic of Korea, the left-hand slives of the instant accident, and was conducted by G Hospital on March 18, 2015.

Then, the Plaintiff’s mother C claimed medical care benefits to the Defendant, and on September 30, 2016, the Defendant rendered a decision to refuse payment on the ground that the Plaintiff could not be recognized that the instant accident occurred.

[Ground of recognition] Facts without dispute, entries in Gap 1 through 5, testimony of witness H, purport of the whole pleadings

2. The provisions pertaining to the instant accident in the relevant statutes are as shown in attached Form 2.

3. The instant accident caused by the liability to pay mutual aid benefits constitutes a “school safety accident” under Article 2(6) of the School Safety Act, which occurred while the Plaintiff was engaged in a campaign in the school gymnasiums at the training hours of the leading department of the instant school.

Furthermore, with respect to whether the Plaintiff left a permanent disability due to the instant accident, the following circumstances that can be recognized by comprehensively considering the health unit, the facts as seen earlier, the evidence mentioned above, the result of the physical examination entrustment to the director of the Seoul Medical Center of Seoul Medical Center, and the purport of the entire pleadings, i.e., the appraiser I in the Seoul Medical Center of Medical Center, i.e., the left-hand ske at the time of the movement.

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