1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Basic Facts

A. B as an employee of the Seoul Gyeongn School, around April 30, 2008, at around C around 08:25, as a member of the Seoul Gyeongn School.

At that time, the defendant's father D, who was attending the above school, went beyond the passage of the vehicle in C, such as B, and thereby, B suffered from the injury of the pressure frame No. 12 of the chest.

(hereinafter referred to as “instant accident” and B are referred to as “victim”. B

D is a minor who has been born and passed 11 years of age 8 at the time of the accident of this case and was a 2nd degree disability in intelligence index 20 and social age 2 years of age 2 and 10 months of age due to development disorder and cerebralop, etc.

C. The Plaintiff, a special juristic person established under the Industrial Accident Compensation Insurance Act, recognized the instant accident as an occupational accident, and paid 8,359,040 won for medical care benefits, 9,277,200 won for temporary disability compensation benefits, 13,939,100 won for disability benefits, and 31,575,340 won for disability benefits, by January 11, 2010.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 (including each number), the occurrence of a liability for damages as a whole during pleadings, and a minor whose liability is limited has been damaged to another person, if there is no intelligence to change the liability for the act, a person who has a legal obligation to supervise him/her shall be exempted from liability on behalf of the person who is not liable for the damages and has not neglected the supervisory obligation.

(Article 753 and Article 755(1) of the Civil Act). The above legal manager bears the duty of continuous supervision over the living relationship of the person under responsibility throughout the whole.

As seen earlier, perpetrator D is a minor who is merely an intelligence index 20 years and a social age 2 years and 10 months, and is not responsible under Article 753 of the Civil Code, and the defendant who is a person with parental authority of D cannot be exempted from the liability for damages to the victim.

On the other hand, a supervisor who supervises a person not responsible pursuant to Article 753 of the Civil Act on behalf of the supervisor shall compensate for the damages.