205 Ghana23272 Damage (as referred to)

1. A:

- Since the above defendant is a minor, the legal representative Eul and the person with parental authority

Maternal Disease

2 B

3 Sick

Yeongdeungpo-gu Seoul Metropolitan Government

Seoul High Court Decision 200

Attorney 000

A person shall be appointed.

Yeongdeungpo-gu Seoul

Daejeon Seo-gu Office of Service

August 25, 2006

September 15, 2006

1. The defendant shall pay to the plaintiff Gap 2,00,00 won, 500,00 won for each of the above amounts, and 50,000 won for each of the above amounts, 5% per annum from May 1, 2005 to September 15, 2006, and 20% per annum from the next day to the date of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Ten percent of the costs of lawsuit shall be borne by the plaintiffs, and the remainder shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant 5,00,000 won, the plaintiff 2,500,000 won and each of the above amounts to the plaintiff 5,000 won, the plaintiff 2,500, and Byung

to pay 20% interest per annum from the day after the delivery of the complaint to the day of full payment.

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Defendant is a person who operated a art research institute (hereinafter “private teaching institute of this case”) under the trade name “000 Art Research Institute” on the first floor of 000 underground space in Yeongdeungpo-dong, Yeongdeungpo-gu, Seoul. The Plaintiff was the parent of the Plaintiff A, the direct victim of the instant indecent act. (2) On January 19, 2005, the Plaintiff was the first student of the private teaching institute of this case, and reported the urine to the female toilet located in the same floor on the same day. However, on the same day, around 10: 00, the Defendant discovered the Plaintiff’s toilet at the above 10th day, brought the Plaintiff into the above Plaintiff’s toilet, brought the Plaintiff’s suffering from the alcohol, brought the Plaintiff’s me into, and she was diagnosed with the Plaintiff’s sexual harassment at the Plaintiff’s 10th day, and she was diagnosed with the Plaintiff’s sexual harassment at the Plaintiff’s 20th day.

(4) The above toilets are located immediately after opening back the back of the instant private teaching institute, and children attending the instant private teaching institute were able to go together with teachers, friends and friends in the event of a toilet, and also have a toilet installed on their own by themselves. As for the relation with a toilet on the first floor of the building where the instant private teaching institute is located, outside persons were able to use the first floor toilet and use the underground toilet.

(5) On the other hand, the defendant heard the circumstances of the case in which the plaintiff Gap suffered indecent act while entering a private teaching institute as above, and did not immediately contact his parent or report it to the investigation agency, and did not send the above plaintiff to the hospital. The defendant requested the plaintiff Byung to contact the plaintiff Byung and visit the private teaching institute at around 16:00 on the date of the accident and reported the occurrence of the crime to the police along with the above plaintiff Byung who had arrived at around 19:50 on the date of the accident. (6) 000 was detained due to the above sexual indecent act, and was sentenced to two years of imprisonment at the court of first instance, and was sentenced to suspension of execution on September 21, 2005, and deposited 10,000 won among the plaintiffs in the appellate court.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 and 2 (including each number), plaintiff Byung's newspaper result, the purport of the whole pleadings

B. Determination

(1) According to the above facts, the defendant, as the president of the private teaching institute of this case, has the duty of care to protect and supervise the plaintiff Gap as the president of the private teaching institute of this case, the plaintiff, who is only five years of age, left alone the toilet alone, caused the plaintiff's sexual indecent act, and the above plaintiff was committed, and immediately after the accident, sent to the hospital, and did not report to the investigation agency, etc. The defendant is liable to compensate for mental damage suffered by the plaintiffs. (2) The defendant notified the plaintiff of the cautions when the plaintiff comes to the toilet, and the toilet was merely adjacent to the private teaching institute of this case, and the plaintiff was in a state of being possessed alone by the child because the outside was not used, and even if the plaintiff operated the private teaching institute of this case for 22 years, and the accident occurred once, the defendant cannot be held liable for the violation of the duty of protection and supervision against the plaintiff Gap.

However, the defendant who operates the private teaching institute of this case has a duty of care to make the child under five years of age be accompanied by the teacher or his guardian if the child is in the toilet, so that the fire does not occur. Even if considering the location, surrounding circumstances, direction education, etc. of the toilet of this case, it can be predicted that the defendant can be caused by a imprudent act, etc. in case of sexual harassment, etc. in the toilet alone. Thus, the defendant's above assertion is rejected.

2. Scope of damages.

Furthermore, with regard to the scope of the Defendant’s compensation for damages, considering the health team, the Plaintiff’s age, the course and result of the instant sexual indecent act, the damage suffered by the Plaintiff A, the Defendant’s status, the behavior shown by the Defendant before and after the occurrence of the instant case, the circumstances before and after the instant indecent act, and the Defendant’s attitude in the investigative agency and the trial process. On the other hand, given that the Defendant did not have intention, the toilets were immediately adjacent to the instant private teaching institute, and the outside person did not have access, and that the toilets deposited KRW 10,00,00 for the recovery of damage, the amount to be compensated by the Defendant is reasonable to determine the amount to be compensated by the Plaintiff as KRW 2,00,00,000 for the Plaintiff A, and KRW 50,000 for the Plaintiff B and C, respectively.

3. Conclusion

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from May 1, 2005, which is the day following the delivery date of the complaint of this case until September 15, 2006, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as to the above amounts as to the plaintiff Gap's 2,00,000, 500, 000, 500, 000, 500, and 500, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the plaintiffs' claims of this case are accepted within the above scope of recognition, and each remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-chul