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1. As to the Plaintiff A’s KRW 5,04,00, and KRW 1,000,000 to Plaintiff B, and each of the said money from May 23, 2015 to May 2017.
Reasons
1. Basic facts
A. On May 21, 2015, the Defendant allowed the Plaintiff A to knee for about 15 minutes on the ground that the Plaintiff A, who was enrolled in the same half of the said kindergarten, was feleing D, in the Young-gu Incheon Metropolitan City EA kindergarten room located in the same Dong-gu, Busan Metropolitan City, where he/she was his/her father, and caused the Plaintiff A to knee for about 15 minutes.
(hereinafter “instant harmful act”). B.
On May 23, 2015, the Defendant posted the same text on the “Naber Doster” page, which is a social network service with 15 social network parents.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 11, Eul evidence Nos. 15 and 16, Eul evidence Nos. 15 and 16, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. Article 17 of the Child Welfare Act provides that "an act of abuse that causes damage to a child's body" in subparagraph 3 due to a child's act committed against the child's 15 minutes kneel" and subparagraph 5 separately provides that "an act of emotional abuse that causes damage to the child's mental health and development" shall be deemed as an act that does not cause harm to the child's mental health and development among the act of causing damage to the child's body. In light of the language and text of each of the above provisions, an act of subparagraph 5 refers to an act of emotional abuse or tangible power not accompanied by the exercise of tangible power, but does not amount to physical damage, and an act falling under emotional abuse should be deemed as an act of emotional abuse.
(see, e.g., Supreme Court Decision 2011Do6015, Oct. 13, 2011). Here, “ emotional abuse that causes harm to the mental health and development of a child” refers not only to a case where the mental health and the normal development of a child is impeded, but also to a case where the risk or risk of causing such a result arises, and the purpose or intent of emotional abuse for the child is essential.