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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the premise, the Defendant was a teacher in charge of the second grade 12 in C High School, and the same year from the beginning of April 2012.
6. The Plaintiff, who had been a student of the above class, grooms, brooms, grooms, grooms, etc., dumped the Defendant’s floor by the method of cutting down the Defendant’s floor (hereinafter “instant physical punishment”), and the number of times is about seven times.
[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 to 3 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The physical punishment of the teacher in charge of the Plaintiff’s assertion is prohibited pursuant to Article 31(8) of the Enforcement Decree of the Elementary and Secondary Education Act and Article 6(2) of the Gyeonggi-do Ordinance on Students’ Human Rights, and the physical punishment should be used when it is inevitable to correct it by other educational means.
However, even if there are other educational means, the defendant suffered an injury such as the left-hand sponitis, the left-hand sponitis, and the left-hand spon.
Therefore, the defendant is obliged to pay medical expenses and consolation money to the plaintiff due to the defendant's above illegal acts.
B. The judgment evidence No. 1 does not believe, and it is difficult to readily conclude that the Plaintiff suffered bodily injury, such as the spawnitis, the left-hand spawnitis, the left-hand spawnosis, etc., due to the physical punishment of this case, only on the basis of the statement of evidence No. 1, and the result of the commission of physical examination and the result of the commission of physical examination
Rather, according to the above evidence, the Plaintiff did not participate in the physical training hours on March 3, 2012 and around April, 2012, which was prior to the instant physical punishment, and experienced difficulties in walking or breaking the stairs, and the Plaintiff’s satisfaction and satisfaction is not caused by violence or accident, but by the vertonythropathy.