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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Facts of recognition
Plaintiff
A is a student who was enrolled in the fifth year in the F elementary school located in Busan-gun E, Busan-gun at the time of 201, and the plaintiff B and C are the parents of the plaintiff.
Under Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), the Defendant is a corporation established to carry out a school safety mutual aid project to prevent school accidents and to increase funds, and is an operator of the school safety mutual aid project to which the F elementary school head has joined.
Plaintiff
A, on April 21, 201, after having been discharged on April 28, 201, after having been hospitalized in G fixed areas by “the part of the outer part of the luminous root in the left part of the sphere,” by having been discharged on April 21, 201, after having been hospitalized in G fixed areas.
(hereinafter “instant accident” (hereinafter referred to as “instant accident”), on the premise that the Defendant is liable for tort against the damages suffered by the Plaintiff due to the instant accident, the Plaintiffs seems to seek payment of consolation money of KRW 300,000,000 and damages for delay against the Defendant, respectively, under the premise that the Defendant is liable for tort against the damages incurred by the Plaintiff A due to the instant accident.
However, the evidence submitted by the plaintiffs alone is insufficient to recognize that the defendant is liable for tort, and there is no other evidence to recognize it.
Even in cases where the plaintiffs' assertion against the defendant is directed towards the purport of seeking the payment of deduction benefits under the School Safety Act, ① future medical expenses are not subject to such payment (see, e.g., Supreme Court Decision 2012Da75642, Dec. 26, 2013). ② Article 19 and [Attachment 5] of the Enforcement Decree of the School Safety Act provides for the amount calculated in accordance with the formula of “20,000,000 in the case of the victim himself/herself whose labor force has not been lost by 10%, x the rate of labor disability loss x 1/2 in the case of the unmarried parents.”