1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The Plaintiff’s assertion is the E (hereinafter “the Deceased”) who died on October 12, 2015, and the Plaintiff’s mother, the Plaintiff C, and D are the children of the Deceased.

On September 19, 2015, the Deceased was employed by the Defendant as the Defendant’s human father before the 25th Gyeongbuk-do Residential Sports Festival hosted by the Defendant, and was cleaning at the indoor entrance of the Tae Young-gu Residential High School on September 19, 2015, the Deceased was left alone after being sent back to the hospital, while he was receiving treatment on October 12, 2015.

(이하 ‘이 사건 사고’라 한다). 피고는 근로자가 노무를 제공하는 과정에서 생명, 신체 등을 해치는 일이 없도록 강구하여야 할 보호의무(안전배려의무)를 부담함에도, 망인이 체육대회에 참가한 선수단이 나눠주는 쑥떡을 먹고 기도가 막혀 질식에 이르는 동안 사전에 적절한 예방 조치를 취하지 아니하였고, 질식한 상태에 있는 망인을 신속히 발견하여 응급조치를 취할 의무를 이행하지 아니하였으며, 구미시 배구단 소속 선수가 응급조치를 이행하게 하고 심장제세동기를 구비하지 아니하는 등 응급조치를 제대로 이행하지 아니하였다.

Therefore, the defendant is obligated to pay the plaintiff A consolation money of KRW 68,051,396 [=36,301,396 (daily income and inheritance amount) + KRW 3,750,000 ( KRW 7 million x 1/4), KRW 21,750,000 for funeral expenses, KRW 3 million for funeral expenses], KRW 21,750,00 for mental compensation ( KRW 50,000 for funeral expenses, KRW 30 million for the plaintiff, KRW 20,000 for the plaintiff, KRW 36,301,396 for the plaintiff, + KRW 30,00 for the plaintiff, KRW 175,00 for the treatment expenses and funeral expenses + KRW 1750,00 for the plaintiff, KRW 21,750 for the treatment expenses and funeral expenses + KRW 1750,00 for the plaintiff, KRW 200 for the inheritance treatment expenses and funeral expenses + KRW 31,504,500,00 for each of the plaintiff

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