2013 Ghana 31234 Compensation (i)

1. Kim○-○

2. Kim Jong-chul

3. Stambed ○.

As the plaintiff 1 is a minor, the legal representative Kim Jong-chul, and mother Park ○○.

[Judgment of the court below]

1. The National Federation of Private Taxi Transport Business;

Representative Directors**

Law Firm Domin, Attorney Park Dong-young

Attorney Shin Hun-tae, Attorney Shin Hun-han, Attorney Shin Do-ju

2. Seoul Special Metropolitan City School Safety Mutual Aid Association;

Seoul Jongno-gu newspaper 2 - 64

Representative President Kim**

Attorney Kim Jong-chul, Counsel for the defendant-appellant

Attorney Lee Jae-sung et al.

October 31, 2013

November 28, 2013

1. A. The National Federation of Passenger Passenger Transport Business Association shall pay to Plaintiff Kim ○, 57, 404, 936, and the amount of KRW 8,00,00,000 and each of the above amounts to Plaintiff Kim ○○, and KRW 5% per annum from June 18, 2011 to November 28, 2013, and KRW 20% from the next day to the day of full payment. (b) Defendant Seoul Special Metropolitan City School Safety Association shall pay to Plaintiff Kim ○○, the amount of KRW 304,294, 57, and KRW 41,00,00,00 among these amounts, from April 6, 2013 to KRW 251,650,516 among them, from June 13, 201 to June 14, 2013; and

11. By the end of 28.28, 5% per annum and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims against the defendants are all dismissed.

3. Of the costs of lawsuit, the part arising between the plaintiffs and the federation of Korean Private Passenger Passenger Transport Business Associations shall be borne by the plaintiffs, the remainder by the above defendants, and the part arising between the plaintiffs Kim ○ and the defendant Kim ○ and the defendant Seoul Special Metropolitan City School Safety Mutual Aid Association shall be borne by the plaintiffs Kim ○, and the remainder 9/10 by the defendant Seoul Special Metropolitan City School Safety Mutual Aid Association.

4. Paragraph 1 can be provisionally executed.

The federation of the defendant National Private Passenger Passenger Transport Business Association 1,245,653,945 won, and the plaintiff Kim Jong-si

10,000,000 won, respectively, to YO and YO, and the Defendant Seoul Special Metropolitan City School Safety Mutual Aid Association to YO

326, 687, 834 Won and each of the said money 5% per annum from June 18, 201 to the rendering of the instant judgment;

It shall pay 20% interest per annum from the following day to the full payment.

1. Basic facts

(a) The course of activities of the classical anti-competence;

▲▲▲중학교에 재학 중인 원고 김○○은 2011. 6. 18. 학교교육활동인 관악산 등반에 참가하였다. 위 교육활동의 참가인원은 학생 24명이고, 인솔 지도교사는 이소이다. 원고 김○○을 비롯한 참가자들은 09 : 00에 신도림역에 집합한 후 지하철로 이동하여 10 : 30경 관악산 등산로 입구 시계탑에서 인원점검을 하고 등반을 시작하여 외나무 다리를 지나 11 : 40경 목적지인 " 두 개의 돌탑 " 에 도착하여 휴식을 취하였다. 이소은 12 : 15경 원고 김○○을 포함한 18명의 학생들에게 하산을 지시하면서 자신은 뒤쳐진 6명의 학생들을 지도하면서 따라가겠다고 하였다. 이어어이 지시한 하산 경로는 외나무 다리를 지나 서울대학교 관악캠퍼스 내 서울대신공학관 옆에서 버스를 타고 서울대입 구전철역에서 내려 지하철을 타고 가는 것이었는데, 서울대신공학관에 도착한 학생 2 명으로부터 버스를 타지 않고 서울대정문까지 걸어서 가겠다는 전화를 받고 " 교통에 조심해서 걸어가라 " 고 일러 주었다. 이에 원고 김○○도 다른 학생 5명과 함께 서울대 신공학관에서 서울대정문까지 걸어가기로 하였다. 한편 이소은 서울대학교 정문에서 뒤쳐진 6명 및 걸어서 내려올지도 모를 학생들을 위하여 귀가지도를 하였다 .

B. B. On June 18, 201, the B/L of the instant accident occurred: (a) around 35:35: (b) Seoul** G***** * the road of one-lane in the Gwanak-gu Campus of Seoul University at the speed of about 49 kilometers per hour while driving a taxi in the speed of about 49 kilometers in the direction of the central computer center, the Plaintiff Kim ○, who crossed the road from the right side of the instant taxi to the left side in the direction of the central computer center, was shocked into the front part of the instant taxi, and caused the Plaintiff Kim○-○ to suffer injury, such as blood exposure, falling short of the speed (hereinafter referred to as the “accident”).

C. Status of the Parties

원고 김□□, 박○○은 원고 김○○의 부모이고, 피고 전국개인택시운송사업조합연합회 ( 이하 ' 피고 조합연합회 ' 라 한다 ) 는 위 택시에 관하여 공제계약을 체결한 공제사업 자이며, 피고 서울특별시학교안전공제회 ( 이하 ' 피고 안전공제회 ' 라 한다 ) 는 학교안전사고 예방 및 보상에 관한 법률 ( 이하 ' 학교안전사고보상법 ' 이라고 한다 ) 제15조에 의해서 설립된 법인으로 ▲▲▲ 중학교장이 가입한 학교안전공제사업자이다 .

[ 인정근거 ] 다툼 없는 사실, 갑 1 ~ 5, 7, 14호증 ( 가지번호 있는 것은 가지번호 포함, 이하 같다 ) 의 각 기재, ▲▲▲ 중학교장에 대한 사실조회결과, 변론 전체의 취지

2. Responsibility of the defendant cooperative federation;

A. Grounds for liability for damages (1)

According to the above facts, the defendant federation is liable to compensate the following damages suffered by the plaintiffs due to the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act as a mutual aid business entity of the above taxi.

(2) Limitation of liability

However, according to the above evidence, there was an error by Plaintiff Kim ○, who attempted to cross the road without permission between the vehicles parked in the parking zone on the one-lane road of Do, and since such error was caused by the occurrence of the instant accident and the expansion of damages, it should be taken into account in determining the amount of compensation for damages. However, taking into account the fact that the strong Dobbalalian proceeding over the speed of about 48 kilometers per hour exceeding the speed of 30 kilometers per hour, the negligence of Plaintiff Kim ○ shall be deemed 30%, and the responsibility of the Defendant Federation shall be limited to 70%.

B. Scope of liability for damages

In addition to the following separate statements concerning the amount of damages of Plaintiff ○○ Kim, the attached table of calculation of damages is as shown in [Omission] (in accordance with the Hofman type calculation method that deducts intermediate interest at the rate of 5/12 per month, less than month for the convenience of calculation, less than month for the convenience of calculation, and less than won). It is rejected that the parties’ arguments are not separately explained. (1) The same is as stated in the column of “basic matters: (a) the attached table of calculation of damages: 30% of normal persons; (b) the appraisal date ( April 19, 2013) to 19.35 years; and (c) the aftermath disability and labor ability loss rate of 10% due to the complete labor ability loss rate of 10% due to the total labor ability loss rate of 2032.

[The application of paragraph (D)] (2) future treatment costs

The amount of estimated damage, such as the treatment expenses, various examination expenses, and drugs, etc., necessary for the treatment of the symptoms of the gymafin shall be KRW 21,930,320 per annum. If the expected period has already expired at the time of the closing of argument, the damage in the past part may be compensated only for the actual damage (see Supreme Court Decision 2003Da23670, Jul. 25, 2003). Since there is no evidence to prove that the above percentage amount was spent for the treatment expenses prior to the date of closing of argument in this case, the above expenses shall be deemed to have been disbursed each year from November 1, 2013, which is the day following the date of the closing of argument in this case, and shall be calculated at the present price at the time of the accident in this case.

In light of the degree of injury, treatment progress, etc. of the plaintiff Kim ○○, the plaintiff Kim ○○ is required to open 10 hours a day from the accident of this case to the end of life expectancy, or will be necessary in the future.

(4) Assistants: (a) wheel chairss 500,000, and wheel chairss are as indicated in the column for the total amount of damage incurred by supplementary equipment: Five years for life (the number shall be calculated on May 10, 2017, whichever is five years after the purchase of wheelchairss by Plaintiff Kim○○, and on May 11, 2012, shall be calculated on the assumption that the above expenses were paid from May 10, 2017) (b) 600,000 won for the prevention of bathing: Five years for life (the number of Plaintiff Kim○○ on the November 2012).

11. Special beds 1,50,00, 450,000 won: 50,000 won for each of the following items: 60,00,00 won for each of the following items: 60,000 won for each of the machinery subdivision (D) 50,000 won for the machinery subdivision 50,00 won: 30,000 won for 30,600,000 won for 300: 60,600,600, 000 won for 1: 250,000 won for 250,000 won for transfer (5): 30,00 won for 30,00 won for each of the above items: 30,39,710 won for the purchase of goods: 40,000 won for 250,30,000 won for each of the items to be purchased by the Plaintiff

Of the 183, 823, 680 won paid by the federation of the defendant's association as the medical expenses of the plaintiff Kim○○, 5,147, and 104 won for the negligence of the plaintiff Kim○○ ( = 183, 823, and 680 x 0.3) and the 40,000,000 won paid in advance by the defendant federation as the advance payment for damages.

[Ground of recognition] Unsatisfy, Gap 1, 2, 9, 12, 13 evidence, Eul 3 evidence, result of physical examination of the president of the Hanyang University Hospital, purport of the whole pleadings (9)

In light of all the circumstances revealed in the instant pleadings, such as the background of the instant case, the Plaintiffs’ age, family relationship, injury, and aftermath disability, degree of negligence, progress of treatment, etc., Plaintiff Kim○○○○○○,000,000 won, Plaintiff Kim Young-gu, Park Young-○, 8,000, and00 won. (A) The recognized amount (a) Plaintiff Kim○-○: 557,404, and 936 won (i.e., solatium KRW 45,00,000 + KRW 512,404,936 won + Property damage + KRW 512, 936 won) (b) Plaintiff Kim Jong-young, Park Jong-young-○, and Park Il-○○: each consolation money amounting to KRW 8,00,000.

3. Responsibility of the Defendant Safety Mutual Aid Association;

(a) the occurrence of liability to pay mutual aid benefits (1);

Article 1 of the former School Safety Accident Compensation Act (amended by Act No. 10641, May 19, 201; hereinafter the same shall apply) provides that "the purpose of this Act is to prevent school safety accidents, to provide for matters necessary for the implementation of programs for the safety accident compensation of students, teachers and staff, and participants in educational activities in order to promptly and appropriately compensate for damages caused by school safety accidents," and "educational activities" referred to in subparagraph 4 of Article 2 refers to activities falling under any of the following subparagraphs, and "the head of a school" (hereinafter referred to as the "head of a school") provides that "the head of a school or a school (hereinafter referred to as "the head of a school") shall be subject to the management and supervision of classes, special activities, discretionary activities, outdoor training activities, sports events, etc., and all kinds of events and events recognized by the head of a school, such as school meal activities, and the head of a school shall be defined by Presidential Decree No. 20 of the former Act among the activities referred to in subparagraph 3 (b) of Article 2 of the Act.

(2) Determination

The defendant's Safety Mutual Aid Association is a school safety accident under the School Safety Accident Compensation Act, since the accident in this case was occurred during the time of returning to Korea by reasonable route and method between the place of dissolution (two stoness), and the place of dissolution (Seoul******** the same) and the house (hereinafter referred to as the "school Safety Accident Compensation Act"). Thus, the accident in this case constitutes a school safety accident under the School Safety Accident Compensation Act.

(A) The Defendant Safety Mutual Aid Association is obligated to pay the deduction benefits prescribed in the above Act to the Plaintiff ○○○. (3) First, the Defendant Safety Mutual Aid Association’s assertion on the part of the Defendant Safety Mutual Aid Association (A) asserts that the instant accident was caused by the Plaintiff’s entry into the Seoul National University by going against the instruction method of the guidance teacher after the completion of his mountain activities and the dissolution of his mountain activities. As such, the instant accident does not constitute a school safety accident due to an ordinary, reasonable route and method, and even if the instant accident was in the middle of the school, it cannot be said that there is a proximate causal relationship between the instant accident and the educational activities due to the crossing without permission, and thus, the Defendant Safety Mutual Aid Association does not have the duty to pay the deduction benefits to the Plaintiff ○○○.

According to the above facts, the leader was ordered to move the bus from 'two stone tower' to 'the place of dissolution' to 'the Seoul New Technology Center' to 'the Seoul New Technology Center', but he also agreed to go up to 'the Seoul National University' due to her phone called by her two students, and then she was sent back to her home from Domins of the Seoul National University, so even if her Domins, she did not go to Domins of the Seoul National University, she cannot be deemed to go away from ordinary and reasonable path against the guidance method of the guidance teacher. Since the plaintiff Kim○-○ without permission, the accident of this case cannot be deemed to be an accident during her educational activities, the above argument by the defendant Safety Mutual Aid Association is without merit. (b) The defendant Safety Mutual Aid Association, even if the accident of this case falls under the accident of this case, is exempt from the obligation to pay damages under Article 43 (1) 3 of the School Safety Accident Compensation Association Act, which is the plaintiff's duty to pay damages under the Guarantee Act.

On the other hand, the proviso of Article 43(1) of the former Act on the Compensation for Accident at School provides that "where a person who has the right to receive the deduction benefits under the provisions of Articles 36 through 40 (hereinafter referred to as "beneficiary") in relation to a school safety accident receives compensation for damage under the provisions of the Guarantee of Automobile Accident Compensation Act, the Mutual-Aid Association shall not pay the deduction benefits." However, the above proviso of the same Article clearly states that only when a beneficiary has received compensation under the Guarantee of Automobile Accident Compensation Act, the beneficiary shall be exempted from the duty to pay the deduction benefits. Therefore, it is apparent that the above proviso of the same Article stipulates that the Mutual-Aid Association shall not pay the deduction benefits. Therefore, it cannot be interpreted that the Mutual-Aid Association shall not be exempted from the duty to pay the deduction benefits by expanding the case where the beneficiary is entitled to the compensation for damage under the Guarantee of Automobile Accident Compensation Act. In this case, it is apparent in the record that Plaintiff ○○ did not receive the

B. Scope of liability for payment of mutual aid benefits (1) medical care benefit (A) related provisions and legal principles

Article 36 (2) of the former School Safety Accident Compensation Act provides that "medical care benefits shall be the amount borne by the beneficiary or his/her guardian, etc. pursuant to Article 41 of the National Health Insurance Act among the expenses incurred in the treatment of injury or disease suffered by the beneficiary due to a school safety accident." Paragraph (3) of the same Article provides that the scope of medical care benefits under paragraph (2) of the same Article shall be as follows: 1. Medical examination and examination; 2. Provision of medical care materials; 3. Treatment, surgery; 4. Rehabilitation treatment; 5. 6.

Article 41 of the former National Health Insurance Act (wholly amended by Act No. 11141, Dec. 31, 2011; hereinafter the same) provides that "A person who receives health care benefit under Article 39 (1) shall bear part of the expenses (hereinafter referred to as "co-payment") as prescribed by Presidential Decree." As such, the scope of health care benefit under Article 36 (2) of the former Act includes only co-payment among the medical treatment costs for items subject to health care benefit under Article 39 (1) of the National Health Insurance Act (see Supreme Court Decision 201Da7238, Dec. 13, 2012). Therefore, the scope of health care benefit under Article 36 (2) of the former Act does not include only the amount of co-payment among the medical treatment costs for the items subject to health care benefit under Article 39 (1) of the National Health Insurance Act (see Supreme Court Decision 2011Da7238, Dec. 13, 2012).

(B) Determination

- Of the amount of 13, 309, 818 (No. 11) - 14, 34, 300, 400, 308, 400, 400, 600, 600, 600, 600, 600, 600, 600, 600, 60, 600, 600, 60, 60, 60, 60, 60, 60, 60, 60, 600, 60, 60, 60, 60, 60, 60, 60, 60, 7 (6, 600, 600, 7, 400, 201, 10, 305, 10, 200

(2) Disability benefits (A)-related provisions and legal principles

Article 37 (1) of the former School Safety Accident Compensation Act provides that "If a beneficiary who received medical care benefits under the provisions of Article 36 has a disability even after the completion of medical care, the amount prescribed in Article 3 (2) 3 of the State Compensation Act and the consolation money prescribed in Article 3 (5) of the same Act shall be paid to the beneficiary or his/her guardian, etc." In addition, Article 3 (2) 3 of the State Compensation Act provides that "if the victim has a physical disability after the completion of medical care, the disability compensation shall be paid by the amount calculated by multiplying the amount of the monthly salary, the amount of the monthly income, or the average wage at the time of the injury by the future employment period."

On the other hand, if the life of the beneficiary who suffered an obstacle due to a school safety accident has been reduced to the maximum working age when the school safety accident did not occur, the maximum working age from the time of such reduction.

It is reasonable to calculate the amount of disability benefits by deducting the cost of living from the amount of death (see Supreme Court Decision 2009Da40141, Sept. 10, 2009); and (b) the scope of disability benefits.

The amount to be paid to the plaintiff Kim ○ pursuant to Article 3 (2) 3 of the State Compensation Act is as indicated in the following calculation table (in accordance with the calculation method of heading, which deducts the interim interest by the ratio of 5/12 per month to the simple interest, and is less than a month for the convenience of calculation, and less than a month for the convenience of calculation, and less than a billion won): (1) Basic facts: see (2) (b) of the above 2. B. operation period: The plaintiff Kim ○ completed his military service and becomes 22 years of age:

From November 8, 2058, the day before the maximum working age reaches the age of 60 until November 8, 2058, the average wage at the time when the plaintiff Kim○ was damaged: The amount of disability compensation should be calculated as the average wage at the time when the damage was inflicted since there was no monthly or daily income as a student. The "damage" refers to the future loss of income. Thus, the "average amount at the time when the damage was inflicted" should be deemed as the average wage for the workable period. However, it is reasonable to deem that the plaintiff earned a minimum amount of daily wage at the time when the damage was inflicted. As such, the plaintiff should be deemed as the average wage for the year 2013, which is the ordinary wage at the time of the closing of the argument in this case, which is most nearest to the working period of November 9, 2020.

(4) Cost of living: calculation of 1/3 (5): 295, 108, 891 as indicated below [ omitted].

[Ground for recognition] Unsatisfy, Gap 1, 2, 6, 9, 10, 11, 16, and 17 evidence, experience, significant facts, the overall purport of the pleadings, and the overall purport of the pleadings (C) 304, 294, and 577 won (=medical care benefit9, 185, 686 + 295, 108, 891 won) (d) starting point of counting damages for delay.

Article 41(2) and (4) of the former School Safety Accident Compensation Act provides that "the Mutual-Aid Association shall decide whether to pay the mutual aid benefits within 14 days from the date on which the claim for the mutual aid benefits was made, and where the Mutual-Aid Association decides to pay the mutual aid benefits, it shall pay the mutual aid benefits without delay to the person who requested the payment of the mutual aid benefits." Thus, damages for delay on the above recognized amount shall not be deemed to have occurred from the date of the accident in this case, and damages for delay shall accrue only after 14 days from the date on which the plaintiff Kim○-○ requested the Defendant Safety Mutual-Aid Association to pay the mutual aid benefits. Therefore, the damages for delay shall be calculated from the day following the expiration of 14 days from the date on which the application for the change in the complaint or purport of the claim and the cause of the

4. Conclusion

Therefore, as to the money of KRW 8,00,00 and each of the above money from June 18, 2011, the date of the instant accident, to November 28, 2013, the Defendant Union’s federation is obligated to pay to Plaintiff Kim○○, 57, 404, 936, and KRW 8,00,00 per annum under the Civil Act, from June 18, 201, the date of the instant accident, to November 28, 2013, and damages for delay calculated at 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

The Defendant Safety Mutual-Aid Association shall have the duty to pay 304, 294, 577 won and 41,000 won among them, and 00 won from the date on which a copy of the complaint in this case was served on the Defendant Safety Mutual-Aid Association, which is the date following the expiration of 14 days from March 22, 2013 to the date on which the copy of the complaint in this case was served on the Defendant Safety Mutual-Aid Association; 251, 650, 516 won among them; and 251, 650, 516 won from the date following May 21, 2013 to the Defendant Safety Mutual-Aid Association; 3.0% from the date following the expiration of 14 days from May 28, 2013 to the date on which the duplicate of the complaint in this case was served on the Defendant Safety Mutual-Aid Association; 11,64, 601, 751, 2015 won

Ultimately, the plaintiffs' claims against the defendants are justified only within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judge Rental-ho

1) Each of Gap's evidence 11 overlaps with 11,30,33,15.

2) On May 21, 2013, the amount calculated by deducting the cited amount of KRW 292, 650, 516 from KRW 41,00,00, which is calculated in accordance with the application form for the modification of the purport of the claim and the cause of the claim.