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(영문) 대구지방법원포항지원 2015.01.26 2014가합821
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts without dispute;

A. The network D (EE; hereinafter “the network”) was a student who attended the F Elementary School or G Middle School established and operated by the Defendant and was in physical assistance team, and the Plaintiffs are the parents of the Deceased, and H is the supervisor of the physical assistance team supervised by the Deceased at G Middle School.

B. The Deceased started with mechanical aid from the first grade of the F Elementary School to the third grade of the G Middle School, and completed mechanical training at the school until the death.

C. On March 22, 2011, the Deceased told H that “I will go to a hospital by means of donation,” after completing night training at the physical field “I” established in the G Middle School, and completed the course on the following day and committed suicide. D.

In the remains written by the Deceased, “humma, ambath, but too difficult. I tried to form a elblue in the end of the year, but the reality was too harsh. It could not escape from the movement. They were all audit of the gymnassss. In this way, the gymnas’s gymnass gymnas gymnas gymnas gymnas gymnas gymnas gymnas gymnas gy

2. Judgment on the plaintiffs' assertion

A. The plaintiffs' assertion is a supervisor of the body department where H supervised and supervised the deceased, who neglected his/her duty to protect and supervise the deceased, and forced the deceased to do so by neglecting his/her duty to protect and supervise the deceased, thereby causing suicide. As such, the defendant, as the employer of H, is liable to compensate the plaintiffs, who are the heir of the deceased, for the damages incurred to the above unlawful act committed by H in the course of performing his/her duties.

B. While the principal or teacher of a school established and operated by a local government has a duty to protect and supervise students, such duty to protect and supervise students shall be to supervise students on behalf of a person with parental authority or other legal supervisor in accordance with the Education Act.

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