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(영문) 광주지방법원 2013.07.26 2011가단39743
손해배상(기)
Text

1. All claims filed by the plaintiffs (appointed parties) and the appointed parties are dismissed.

2. The costs of the lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

(a) E is a social welfare foundation in the city of the development of facilities related to the disabled, and F Schools (hereinafter referred to as “F Schools”) is a special school for the disabled belonging to E;

The defendant is an assistant principal of F School, G is the head of the department in charge of student sports in the above school, and H is the teacher of the above school with the remaining father of August 1966.

I shall be the president of the J in the facilities for the care of disabled persons belonging to E.

D is a person appointed as a teacher of F School on March 1, 2005 as of February 1981, and the plaintiffs are the parents of D.

B. Around May 2005, the Switzerland was scheduled to hold a national Switzerland (the 21st ASEAN event) and G took overall control of the preparation for the camping games, thereby selecting a leading teacher for the Games.

G participates in the camping conference by five students and one female student at F schools, and H and D were designated as a leading teacher.

However, G, even if female students were not present, D had D attend the said camping conference held at the Chungcheongnam-si University from June 29, 2005 to July 2, 2005 on a three-day period from June 29, 2005.

H은 2005. 7. 2. 05:00경부터 07:00경까지 사이 시각 불상경 충북대학교 기숙사 청운관 420호에서, 침대에 누워 자고 있는 D의 몸 위로 올라가 D을 제압한 후 D의 상의를 걷어 올려 손으로 가슴을 만지고 입으로 젖꼭지를 빨고 바지 위로 음부를 만지는 등 D을 추행하였다.

C. On November 11, 2005, H was indicted for the crime of indecent act by compulsion by force (2005Kadan733), and was sentenced to six months of imprisonment on December 29, 2005. The appellate court was sentenced to six months of imprisonment with prison labor on June 8, 2006, following the amendment to the indictment. On November 23, 2006, the appeal was dismissed by Supreme Court Decision 2006Do4177, and the judgment of the appellate court became final and conclusive.

On September 28, 2006, the plaintiffs and D filed a claim for damages against H and E with the Changwon District Court Heading 2006Gahap1370, and the above lawsuit was filed.

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