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(영문) 서울남부지방법원 2018.10.17 2018가단200772
손해배상(기)
Text

1. The Defendant’s KRW 28,160,934 as well as 5% per annum from September 16, 2017 to October 17, 2018 to the Plaintiff.

Reasons

1. Occurrence of a claim for mutual aid benefits;

A. (1) On May 11, 2016, the Plaintiff is a student who was enrolled in the first grade of C High School (hereinafter “C high school”) at the time of May 11, 2016, and the Defendant is a corporation established pursuant to Article 15 of 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 who has entered the C high school principal.

(2) At around 16:00 on May 11, 2016, the Plaintiff suffered injury while undergoing training with class E and leading training in D High School, which had been trained by the invitation of the above school, due to E’s buckbuck bridge technology, and the Plaintiff was suffering from the injury of the right shouldering.

(hereinafter “instant accident”). (3) On May 17, 2016, the Plaintiff received a sprinking and sprinking to the right side on May 17, 2016.

On May 23, 2017, B, who is the legal representative of the Plaintiff’s father, filed a claim for disability benefits with the Defendant in relation to the instant accident, but failed to comply with the Defendant’s demand to supplement materials, and subsequently filed a claim for disability benefits by supplementing the documents on September 1, 2017, but the Defendant rendered a claim for disability benefits again on September 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4 (including each number), Eul evidence 1 to 3, 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. Since the instant accident occurred during Cin educational activities, it constitutes a school safety accident as prescribed by the School Safety Act.

Therefore, the Defendant, who is a mutual aid business entity, is obligated to pay the Plaintiff the mutual aid benefits stipulated in the School Safety Act for the damages caused by the instant accident.

2. Scope of payment of mutual aid benefits;

A. Article 37(1) of the relevant Regulations provides that disability benefits shall terminate medical care for the beneficiaries who received the medical care benefits.

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