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(영문) 인천지방법원 2017.07.19 2016가단207194
손해배상(기)
Text

1. Defendant D, E, F, and G jointly share KRW 6,50,000 for Plaintiff C, KRW 2,470,000 for Plaintiff A, and KRW 1,50,00 for Plaintiff B.

Reasons

1. Facts of recognition;

A. The Plaintiff A and B are the parents of Plaintiff C.

Defendant D and E are the parents of H, and Defendant F and G are the parents of I.

Plaintiff

C, H, and I were enrolled in the first and fifth grade of the K Elementary School in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant school”) around December 2015.

Defendant Incheon Metropolitan City is a local government that establishes and operates the instant school.

B. On December 21, 2015, Plaintiff C, H, and I committed a serious act, such as reading books at the instant school library around 13:00.

C. At around 14:00 on December 21, 2015, H and I, together with the Plaintiff C, provided that the said library was in front of the rear end of the instant school (of about 10 meters away from the main entrance and exit of letter, the right side of the windows of one room) where the said library was located in the instant school, provided his own will and clothes, and provided the Plaintiff C with his intention of refusal, and had the Plaintiff expressed his intention of refusal interfered with his own sexual flag, and had the Plaintiff C give his will and clothes, and had the Plaintiff expressed his intention of refusal delivered his will and clothes, and followed the Plaintiff C’s sexual flag.

(hereinafter “instant act”). D.

On December 30, 2015, the Autonomous Committee on Countermeasures against School Violence held an autonomous committee around 15:30 on December 30, 2015 to hear the statements of Plaintiffs C, H, and I parents about the instant act, and the contents of interview and investigation from the teachers responsible for school violence: (a) made a decision on “psychological counseling and advice” to Plaintiff C; and (b) made a decision on “psychological treatment (10 hours) by an aggressor student H and I by an internal expert.”

E. On December 21, 2015, at the time of the instant act, around 14:00, around December 21, 2015, the lower part of the back part of the instant act was a blind spot beyond the scope of CCTV shooting installed in the instant school.

F. After the instant act, on January 20, 2016, Plaintiff C was diagnosed as “malaption disorder” at the Gacheon-ro Hospital located in Nam-gu Incheon Metropolitan City, and from February 13, 2016 to April 16, 2016.

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