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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant is a corporation established pursuant to the Act on the Prevention of and Compensation for Accidents at School (hereinafter “School Safety Act”), and is a school safety mutual aid business operator who is a principal of Cmiddle School.
On December 24, 2013, the Plaintiff participated in the school festivals conducted by Cmiddle School on December 24, 2013, and got kneee while performing a model performance of feasio.
(hereinafter “instant accident”). 2. The Plaintiff’s assertion is a participant in educational activities under Article 2 subparag. 5 of the School Safety Act, and is a beneficiary of school safety mutual aid under Article 14(1)3 of the same Act.
Therefore, the Defendant is obligated to pay KRW 117,972,948 in total to the Plaintiff who suffered losses due to the instant accident, which is a school safety accident, as the deductible benefits under the School Safety Act.
3. We examine the legal requirements for participants in the educational activities to determine whether they fall under the Plaintiff’s participants in the educational activities (Seoul High Court Decision 2013Na2030323, Feb. 16, 2015). Article 2 subparag. 5 of the School Safety Act defines participants in educational activities as persons who are not students or teachers and staff members and who assist in educational activities or who are engaged in educational activities together with students or teachers and staff members at the school’s approval or request, and a non-profit private organizations registered pursuant to Article 4(1) of the Support for Non-Governmental Organizations, Non-Governmental Organizations, etc., by notifying the head of the school in writing and obtaining prior approval from the head of the school or at the request of the principal of the school.
The purpose of the school safety accident compensation mutual aid project is to promptly and appropriately compensate students, school staff, and participants in educational activities for damages caused by school safety accidents (Article 1 and Article 11(1) of the School Safety Act), and Article 14(1) of the School Safety Act stipulates participants in educational activities as participants in educational activities in the same manner as students, school staff, and other employees.