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(영문) 수원지방법원안산지원 2020.09.23 2019가단65392
손해배상(기)
Text

1. The Defendants jointly share KRW 8,00,000, and each of the said amounts to Plaintiff A and Plaintiff B and C respectively.

Reasons

1. Facts of recognition;

A. Article 2 subparag. 5 of the Act on the Prevention of and Countermeasures against School Violence for Disabled Students, which is suffering from developmental disabilities, provides that “A student with a disabled student need special education as provided for in Article 15 of the Act on Special Education for Disabled Persons, Etc. due to physical, mental, and intellectual disabilities.”

On March 2, 2017, a person eligible for special education was admitted to G elementary school.

Plaintiff

B and Plaintiff C are the parents of Plaintiff A.

H is a student of the same school who attended in the year of 2018 as the first half of the plaintiff A and the second grade of the above elementary school.

Defendant D and E are the parents of H (hereinafter “Defendant parents”).

Defendant Gyeonggi-do is a local government that establishes and operates G elementary schools, and I was a public educational official belonging thereto in 2018, which was a teacher in the first half of the second year in G elementary schools.

B. The school violence act of H committed several acts in 2018 to October 10, 2018, including: (a) the Plaintiff’s sexual intercourse; (b) the Plaintiff’s sexual intercourse; (c) forced the Plaintiff’s sexual intercourse; (d) the Plaintiff’s sexual intercourse; and (e) the Plaintiff’s sexual intercourse; and (e) the Plaintiff’s sexual intercourse at the male toilet of the second and second grade of the second grade of the year; and (e) the Plaintiff’s sexual intercourse was committed on October 10, 2010; and (e) the Plaintiff’s sexual intercourse was committed in front of the male toilet of the second grade of the year.

(hereinafter “this case’s school violence act”). [Grounds for recognition] A. 1, 2, 3, 4 (including each number), A. 1, and the purport of the entire pleadings

2. Grounds for liability for damages;

A. The Defendant’s parents’ liability for damages H is not the second grade of an elementary school at the time of the instant school violence.

Defendant parents are liable to compensate the Plaintiffs for damages incurred by the instant school violence pursuant to Article 755(1) of the Civil Act.

B. At the time of Defendant Gyeonggi-do’s liability for damages, Plaintiff A and H had paid separate attention to Plaintiff A, a disabled student, while Plaintiff A and H had been in the second grade of G elementary school at the time of 2018.

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