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(영문) 서울남부지방법원 2018.06.21 2016가단236883
손해배상(기)
Text

1. The defendant

A. From March 26, 2015, Plaintiff A 88,585,450 won and its related thereto:

B. Plaintiff B shall be KRW 750,000, and

Reasons

1. Occurrence of liability to pay mutual aid benefits;

A. In fact, Plaintiff B is the mother of Plaintiff A, and Plaintiff C is the father of Plaintiff A, and the Defendant is a corporation established pursuant to the Act on the Prevention of and Compensation for Accidents at School (hereinafter “School Safety Act”), which is a party to the school safety mutual aid agreement to which the principal of the D Female High School (hereinafter “D”), is a party.

Plaintiff

A, as at January 8, 2014, is a student of the deaf-gu and Ye-gu's department (sports special student), and as at the time of D and E and E and E and E in a student sports center, he was faced with the other players and knee-ray, and was injured by the right kne-side knee floor by shocking the knee-ray.

(hereinafter referred to as “instant accident.” On January 13, 2014, Plaintiff A received re-act as a prestigator on the right side of the instant accident, and on February 23, 2015, Plaintiff A filed a claim for a mutual aid benefit including disability benefits with the Defendant on March 11, 2015 after undergoing a disability diagnosis of class 12 in accordance with the standards for the physical disability grade for school safety mutual aid at the Gluria Hospital at Lluria University. However, the Defendant decided to pay disability benefits on March 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6 (including branch numbers in the case of virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings

B. The former part of Article 2 subparag. 6 of the School Safety Act provides that “any accident that happens during educational activities and that causes harm to the life or body of students, school staff, or participants in educational activities” as a school safety accident. Thus, the instant accident that occurred during DNA educational activities constitutes a school safety accident as prescribed by the School Safety Act. Therefore, the Defendant is obligated to pay the Plaintiffs mutual aid benefits as prescribed by the School Safety Act for the damage caused by the instant accident.

2. Scope of liability to pay mutual aid benefits;

A. Article 37(1) of the relevant regulations provides that disability benefits shall be paid in accordance with the provisions of Article 36.

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