The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Article 44(1) of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”) provides that “Where a school safety accident occurs due to the beneficiary’s intentional or gross negligence (Article 1) or due to the beneficiary’s intentional or gross negligence (Article 2(1)2), and where the school safety mutual aid association provides the beneficiary with the deduction benefits, the school safety mutual aid association may file a claim with the person who caused the school safety accident or his/her guardian, etc. (hereinafter “the person who caused the school safety accident”).”

The purpose of this regulation is to prevent the beneficiary of the deduction benefits under the School Safety Act from receiving the deduction benefits and the compensation by the person who caused the school safety accident in duplicate, and to prevent the person who caused the accident from being exempted from the compensation due to the payment of the deduction benefits and to secure the finances of the School Safety Mutual Aid Association.

However, a person who caused a school safety accident cannot be said to have a duty to respond to the request of the School Safety Mutual-Aid Association beyond the scope of liability for damages to the beneficiary.

Considering the purport of Article 44(1) of the School Safety Act as well as the nature and limit of the responsibility of the person who caused the school safety accident, it is reasonable to view that the School Safety Mutual Aid Association, if the person pays the deduction benefits to the beneficiary, the beneficiary will acquire by subrogation the right to claim damages against the person who caused the school safety accident within the scope of

Therefore, the claim of the School Safety Mutual Aid Association under Article 44 (1) of the School Safety Act is based on the premise that the beneficiary has the right to claim damages against the person who caused the school safety accident at the time of payment of the mutual aid benefits.