1. The Defendant: (a) KRW 1,50,00 for each of the Plaintiff A, and KRW 375,00 for each of the Plaintiff B and C, and each of the said KRW 76,194,516.

1. Facts of recognition;

A. On March 6, 2015, when Plaintiff A was in the second grade of F High School in Daegu Northern-gu E, Plaintiff A suffered injury, such as the 2nd grade shot Games in the school playground during the hours of sports classes at the above FF High School. Plaintiff A suffered injury, such as the shotle, the shotle, the internal side shotle, etc.

(hereinafter “instant accident”). (b)

Plaintiff

B and C are the parents of Plaintiff A, and Plaintiff D is the subjects of Plaintiff A, and the Defendant is a corporation established to conduct a mutual aid project for school safety accident compensation pursuant to the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which is a school safety mutual aid project operator to which the head of the F High School has joined.

C. Around September 2016, the Plaintiffs filed a claim for the payment of disability benefits to the Defendant, but the Defendant rendered a decision on site pay on September 20, 2016 on the ground that the Plaintiff cannot be deemed as having impeded the Plaintiff A.

[Ground of recognition] Facts without dispute, entry of Gap 1, 24, and 9 evidence, the purport of the whole pleadings

2. Determination

A. If the occurrence of the duty to pay mutual aid money and the possibility of offsetting negligence is added to the statement No. 3, and the purport of the entire pleadings as a result of the physical appraisal commission made by this court, the plaintiff A is recognized to have suffered obstacles falling under No. 12, No. 7 of the attached Table 2 of the Enforcement Decree of the School Safety Act due to the accident in this case. Thus, the defendant is liable to pay disability benefits and consolation money to the plaintiffs

As to this, the defendant was negligent by the plaintiff A and caused the accident of this case.

Therefore, the Plaintiff’s negligence should be offset in calculating disability benefits pursuant to Article 19-2(2) of the Enforcement Decree of the School Safety Act. However, barring any special provision in law, the principle of liability for negligence or the theory of offsetting negligence cannot be applied as a matter of course (see Supreme Court Decision 2016Da208389, Oct. 19, 2016). Therefore, the Defendant’s above assertion is with merit.