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(영문) 서울고등법원 2017.05.02 2016나2088965
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant D is a corporation that establishes and operates a P International High School located in Seopo-si G (hereinafter “instant international school”) (hereinafter “Defendant corporation”).

B. Defendant E is the principal of the instant international school, and Defendant F is the principal of students.

C. On September 2015, Plaintiff A (hereinafter the same shall apply) is a student admitted to the high school course of the instant international school on September 9, 2015, and Plaintiff B and Plaintiff C are the parents of Plaintiff A.

[Ground for Recognition: Facts without dispute]

2. The plaintiffs' assertion

A. While attending the 9th grade of the instant international school, Plaintiff A was subject to school violence falling under bullying, insult, intimidation, and defamation under Article 2 subparag. 1 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”) by the 11th grade I (in English name: J. hereinafter the same shall apply) of the same school.

Accordingly, Plaintiff A and Plaintiff B reported the occurrence of school violence to the instant international school teachers, including Defendant E and Defendant F, and requested the investigation and measures corresponding thereto.

B. However, even though Defendant E and Defendant F discovered the occurrence of the above school violence, they violated the duty to convene the Autonomous Committee on Countermeasures against School Violence pursuant to Article 13(2) of the School Violence Act, such as psychological counseling for victimized students pursuant to Article 16(1) of the same Act, and the duty to take measures against victimized students pursuant to Article 17(1) of the same Act, and compel Plaintiff A to meet or compromise I to protect and supervise students.

C. The plaintiffs suffered severe mental pain due to the above actions by Defendant E and Defendant F, and Plaintiff A and Plaintiff C received mental treatment, and Plaintiff A had no choice but to transfer to another school without completing the nine years of the instant international school.

Therefore, Defendant E and Defendant F are parties to tort, and the Defendant corporation is the said Defendants.

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