[1] In a case where a university club leader attends an event closely related to students' educational activities, whether the university is obligated to guide and supervise students to prevent unexpected damages or losses caused by unexpected accidents during the duration of the event (affirmative)

[2] The case holding that since the MaT events in the university of East Asia merely belong to the events closely related to the educational activities of students beyond the nature of friendship among the members of East Asia, if there was negligence on the part of the East Asia professor in guiding and supervising the students participating in MT, it is held that the victim is liable to compensate for damages arising therefrom

[1] The person in charge of the school who attends an event closely related to the educational and educational activities of the students is obligated to guide and supervise the students in order to prevent the students participating in the event from causing ordinary damages or resulting from an unexpected accident during the duration of the event. If the person in charge of the school is a person who is qualified as a professor at a junior college as a professor at a junior college, and whose substance and activities are recognized by the person in charge of the school within the department, he/she shall not be denied even if the person in charge of the school is a person who is appointed as a guide professor at the school at the request of a student near adult, who is not a university student at the school level, and is not regularly registered with the school authority at the request of the student not designated by the school authority. The person in charge of the school was a guiding professor at the same time, and most of the expenses of the school was appropriated by respective members, and is not obligated to participate

[2] The case holding that since the MaT events in the university of East Asia merely belong to the events closely related to the educational activities of students beyond the nature of friendship among the club members, if there was negligence on the part of the club leader in guiding and supervising the students participating in MT, it is held that the victim is liable to compensate for damages arising therefrom.

[1] Article 750 of the Civil Act / [2] Article 750 of the Civil Act

Lee Byung-Hun et al. (Attorneys Kim Young-won et al., Counsel for the defendant-appellant)

Defendant School Foundation and one other (Attorney Yoon Jong-su et al., Counsel for the defendant-appellant)

June 30, 2004

1. The Defendants shall pay 5,750,000 won to each of the plaintiffs Lee Jin-gun, 5,000 won to the plaintiff Jin-gun, 5,000,000 won to the plaintiff, and 50,000 won to the plaintiff's profit-making, and 5% per annum from July 11, 2003 to July 14, 2004, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. One-five of the costs of lawsuit are assessed against the Defendants, and the remainder is assessed against the Plaintiffs.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each of the plaintiffs Lee Jin-hun the amount of KRW 114,202,080, KRW 1112,080, and KRW 5,000, and KRW 20% per annum from July 11, 2003 to the service date of a duplicate of the complaint of this case, and from the next day to the day of complete payment, each of the above amounts shall be 5% per annum from the next day to the day of complete payment.

1. Occurrence of liability for damages;

A. Facts of recognition

The following facts are not disputed between the parties, or are recognized in full view of Gap evidence 1, Eul evidence 2 (the same as Eul evidence 5-8), Eul evidence 3, Eul evidence 4 (the same as Eul evidence 5-60), Eul evidence 5-1 through 7, 9, 10, 15 through 59 (the evidence 5-59 of Eul is the same as Eul evidence 6), 61 through 85, Eul evidence 11 through 14, and Eul evidence 5-11 through 14, and there is no counter-proof.

(1) On March 3, 2003, the non-party 1 was a woman born on December 24, 1984 and was admitted to the Environment Management Department of the junior college operated by the defendant School Foundation (hereinafter referred to as the "Dongnam Health Department"), and was admitted to the "hynasium within the Environment Management Department", and the plaintiff Lee Byung-hee, the fynasium, the fynasium, and the plaintiff's fynasium, the fynasium, and the defendant 1 was employed as the assistant professor for the waste experiment of the above department from March 197, 200, and was assigned the above assistant professor for the above department from March 3, 2003.

(2) From April 25, 2003 to April 27, 2003, the members of the clinic agreed to operate a member of the king bathing beach located in Incheon Young-do (MT, hereinafter referred to as "MT") with a schedule of 20 days from April 25, 2003 to April 27, 2003. At around 21:0 on April 25, 2003, 23 members, including Nonparty 1, non-party 1, non-party 1, and two members, including the deceased, arrive at the same king, and around 21:0 on the same day. At around 21:00 on the first day, around 21:0, Defendant 1 and the members of the clinic, from around 22:00 to around 21:0 of the first day, were omitted by Defendant 1 and the members of the clinic, having each other left the sea by leaving their members of the sea.

(3) At around 12:00 on April 26, 200, the members of the clinic consisting of two teams, and the piracy sponsed with a sphere in the sand president, and completed 30 minutes more than 30 minutes more, and the sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere.

(4) After leaving the sea water, the Deceased continuously complained of extreme pain, including, but not limited to, so far as it is impossible to express the deceased from the bend to the bottom of the bridge, the Deceased YIIIIIIIIII would like to walk on the sea water and move the deceased to the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the 12.

(5) Even after having arrived at the house at around 17:10 on the same day, the Deceased died of an excessive blood transfusion due to a defect in the body, such as running and face of the breast, and the Plaintiff’s mother, the mother of the Deceased, on the same day, reported at around 20:19 and sent back to the Korean Forest Hospital located in Gyeyang-gu Incheon at around 20:39 on the same day. However, at around 23:21 on the same day, the Deceased died of an excessive blood transfusion due to external shock.

(6) 한편, 피고 1은 MT 당일인 2003. 4. 25. 문기성에게 MT 기간 동안 조심해서 재밌게 놀다 가자는 말을 하였을 뿐, 회원들에게 게임이나 운동, 놀이를 할 때 다치지 않도록 주의하라는 등의 안전교육을 실시한 사실이 없었고, 소외 1이 망인을 등에 메고 바다에 들어갈 때 인접한 바닷가에 앉아 있으면서도 소외 1을 제지하거나 주의를 주지 않았다.

(7) On the other hand, the clinic consisting of about 30 members including the president, vice-president Kim Jin-jin, and directors of the clinic, and only the members collect money from each other, and use it as membership fees. Although the above junior college was registered in a regular manner or was not registered as a dong Ri in the above junior college, since November 2002, Defendant 1 asked Defendant 1 to find a clinic and request it to be responsible for the instruction professor of the clinic. Defendant 1 attended the association of the clinic prior to the accident in this case, Defendant 1 attended the association of the clinic before the accident in this case, attended the association of the clinic, participated in the association of the clinic, and raised money from the members, and did not have been registered as a dong Ri Ri. However, Defendant 1 reported that the son was a professor and the son at the time of the accident in this case, and reported that the son was a professor and the son at the time of the accident in this case, and reported that the son was a professor and the son.

B. Grounds for liability

A school manager, who attends an event closely related to a student’s educational activities and educational activities, is obligated to guide and supervise the student in order to prevent the student’s participation in the event from causing ordinary damages or losses caused by unexpected accidents during the duration of the event. The foregoing obligation cannot be denied even if the school manager is a person whose substance and activities are recognized from the person in charge of the school within the department in the junior college as a professor of the department at the junior college, who is a guiding professor of the same ASEAN, even though the member of the Dong Ri was a university student close to the majority, was not registered regularly with the school authority at the school’s request of the student not designated by the school authority, was a guiding professor of the Dong Ri, which was appropriated by the student’s participation in the event most of the expenses for its activities, and was not necessarily obligated to attend the event.

According to the above facts, even if the clinic did not have registered as a regular school, and most of its operating expenses were appropriated by the withdrawal of its members, it can be seen as a part of the student’s educational activities, since the director of the department, who is the person in charge of the school, has recognized the substance and activities as a "Dongri" formed to promote personal friendship among the students, or to act in the event of the physical training beyond the nature of the club or beyond the nature of the club, and in the event of the students in the department such as the physical training, he/she can be seen as a part of the students’ educational activities.

In addition, the MT of Dong Ri does not simply aim at promoting friendship or entertainment among club members, and it is an event for each member to cultivate his sentiments and character in nature beyond the ordinary course of study, to make up for future social life through dialogue and contact among its members, and the university education aims not only to acquire knowledge, but also to develop students' personality as a sound social person, and MT is customarily being implemented in university life. In light of the fact that the ET of this case is an event closely related to environmental management beyond the nature of friendship among club members and is closely related to educational activities in the field of environmental management.

Therefore, even if Defendant 1, a professor of the clinic, has no obligation to accompany the documents to the MT of the clinic under the school regulations, as long as he actually accompanied the documents to the MT, he/she is obligated to guide and supervise students so that students will not be injured or dead from an predicted or unexpected accident during the above MT period.

However, at the time of the accident of this case, it seems that any person can die if the person who fell into the sea water due to the shock of the person, etc. is ordinarily expected. Furthermore, since Defendant 1 had experience in seawater by the members of the clinic at night before the day before the accident of this case, it seems that these risks could have been predicted sufficiently. In general, since it is difficult for the students to see and see that during the MT period, it is more likely for students to suffer from distress or sudden behavior, it is possible for them to take a thorough education so that students do not engage in excessive or dangerous behavior, and on the other hand, Defendant 1 should provide a thorough instruction and supervision in order not to provide safety education in advance and to prevent the students from doing any excessive and dangerous behavior. However, even though Defendant 1 did not take place in the neighboring seaside, he did not perform the act of Nonparty 1, but did not perform the act, and thus, Defendant 1 was liable as the deceased’s relatives and the deceased’s damages caused by the accident of this case, Defendant 1 and the deceased.

C. Limitation on liability

However, as seen earlier, although the deceased could have sufficiently predicted the risk of the death of a university student who has almost attained majority at the time of the accident, he/she could have been at the time of the accident, he/she did not refuse or refrain from leaving his/her body in the form of seawater with his/her own shoulder, even though Nonparty 1 could have been at the time of the accident, and he/she did not interfere with it. The deceased's rapid separation of interculatory shock by rapid external shock, which resulted in the death of a person who was excessively affected in the form of seawater, and it is not easy to anticipate it as a private person of the deceased. Defendant 1 also did not look at the condition of the deceased after the accident, while examining the condition of the deceased and taking measures to have him/her undergo medical examination, and to have him/her returned to the hospital, and even if he/she arrived at his/her own body at around 17:10 on the day of the accident, he/she should be able to compensate for the damages of the deceased's body and body during 10% of the body of the deceased.

2. Scope of damages.

(a) Actual income:

The loss of lost earnings equivalent to the total monetary value of the operating capacity lost by the accident of this case shall be calculated on the basis of the facts and assessment as follows: (1) the interim interest at the rate of 5/12 percent per month shall be calculated on the basis of the calculation method of Hofman, which deducts the interim interest at the rate of 5/12 percent per month as follows.

(1) Facts and evaluation of recognition

(a) Gender: Women;

Date of birth: December 24, 1984

Accidents Date: April 26, 2003

Age (at the time of an accident): 18 years of age and 5 years of age;

Name of rental: 62.76

(B) Operating Period: 480 months from December 24, 2004 when the deceased attains majority to December 23, 204

(c) Ratio of loss of labor capacity: 100%;

(d) Monthly income: 1,115,026 won (50,683 won for urban daily wage x 22 days for monthly work);

(e) Cost of living: 1/3 of income;

[Evidence] Uncontentious Facts, Gap evidence 1, rule of experience, purport of whole pleadings

(2) Calculation

gold 1,115,026 won ¡¿ 240 ¡¿ 2/3 = gold 178,404,160 won

(b) Funeral expenses.

Plaintiff’s private interest amounting to KRW 3,000,000 (the fact that there is no dispute)

C. Limitation on liability

(1) Liability ratio of the Defendants: 25%

(2) Calculation

(a) The deceased’s lost income: 44,601,040 won (178,404,160 won x 25/100)

(B) Funeral expenses of the Plaintiff’s Private School Constitution: 750,000 won (gold KRW 3,000,000 x 25/100)

(d) Mutual aid:

(1) The Plaintiffs received KRW 45,00,000 from Nonparty 1 as part of the damages compensation, and thus, they shall be deducted from the deceased’s lost income (No. 58 of the evidence No. 5).

(2) Amount after deduction.

The deceased’s lost income: 0 won (gold 44,601,040 - Gold 45,000,000)

(e) consolation money;

(1) Since the accident of this case is obvious in light of the empirical rule that the deceased and the plaintiffs suffered considerable mental suffering due to the accident of this case, the defendants are obliged to do so in money.

(2) Reasons for consideration: The deceased and the plaintiffs' age, family relations, the background and result of the accident of this case, the degree of the deceased's negligence, the amount of damages exceeding the deceased's lost income from the non-party 1, and all other circumstances shown in the arguments of this case.

(3) the amount of recognition

(a) Deceased: 7,000,000 won

(b) Plaintiff’s private interest donation: 1,500,000 won

(C) Plaintiff 1,500,000 won

(D) Plaintiff’s profit amount: 500,000 won

(f) Inheritance relationship;

(1) The deceased’s heir’s property

(A) The Plaintiff’s private interest donation: 1/2

(B) The plaintiff 1/2

(2) Inheritance amount;

Gold 7,000,000 won (0 won of the deceased's property damages + 7,000,000 won of consolation money)

(3) Calculation

The plaintiff Lee Jin-gun, each of the 3,500,000 Won (gold KRW 7,000,000 x 1/2)

3. Conclusion

Therefore, the defendants are entitled to 5,750,000 won for each of the plaintiffs Lee Byung-hee (3,500,000 won for inheritance + 1,500,000 won for funeral expenses + 750,000 won for funeral expenses), and 5,00,000 won for the plaintiff Cho Jin-ok (3,500,0000 won for inheritance + 1,500,000 won for consolation money + 1,50,000 won for losses for delay) for each of the above amounts, as the plaintiffs sought after the accident of this case from July 11, 2003 to the plaintiff Lee Byung-hee, and there is no obligation to pay damages for delay within the scope of the plaintiffs' annual damages for delay from the next day of the judgment of this case until July 14, 204, which is the date of the judgment of this case. Thus, the plaintiff's remaining claims for damages for delay within the scope of 20% per annum under the Civil Act are dismissed.

Judges Cho Yong-sung (Presiding Judge) Kim Tae-tae Kim Jong-tae