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(영문) 대법원 2015.07.23 2014다82361
손해배상(기)
Text

The judgment below

The part against Defendant F and Gyeonggi-do shall be reversed, and this part of the case shall be the District Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on Defendant F and Gyeonggi-do’s duty to protect and supervise teachers

A. The lower court determined as follows: (a) the instant accident occurred during the regular class hours at school playgrounds; and (b) the students undergoing class lessons at the time were not yet mature as middle school students; (c) thus, the Plaintiff was obligated to observe the students nearby the entrance and supervise the students so as not to cause safety accidents; and (d) Defendant F was negligent in exercising the duty to supervise the students in the course of the sports class by delivering general cautions to the students conducting flobb disc practice at the same time while conducting the evaluation of performance and flob disc practice at the same time; and (e) supervising the performance evaluation of flobbbing; and (e) neglecting the duty to supervise the students in the course of the sports class.

B. Supreme Court Decision 1) The principal of a school or a teacher established and operated by a local government is obligated to protect and supervise students. However, such duty to protect and supervise students is not a duty to supervise students on behalf of a person with parental authority or a person with parental authority under the Education Act, and it is limited to educational activities and living relationship closely indivisible to them in the school. Even if they are living within the scope of such duty, it is predicted that accidents may normally occur in school life in consideration of the time and place of educational activities, the ability of the perpetrator to separate the offender, the character and conduct of the perpetrator, the relationship between the perpetrator and the victim, and other various circumstances.

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