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(영문) 대구지방법원서부지원 2013.06.20 2012가합2911
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A is a student attending the G High School located in Ansan-si (hereinafter “G”), and the Plaintiff B and C are the parents of the Plaintiff.

B. Defendant D is a Korean language teacher in G, Defendant E is an assistant principal of the above school, Defendant Educational Corporation F (hereinafter “Defendant F”) is a corporation that establishes and operates G, and Defendant D and E is an employer, and Defendant Gyeongbuk-do is a local government with the right to supervise and supervise Defendant F.

[Ground for recognition] Unsatisfy

2. The plaintiffs' assertion and judgment

A. (1) On March 15, 2012, Defendant D suffered bodily shock by finding the head of Plaintiff A as the tree 60cm length at the Plaintiff’s house on March 29, 2012, and by having Plaintiff A and C feel a sense of shame and insult through abusivement and intimidation.

C. On March 16, 2012, Defendant E’s defect in the petition against the above assault was confined to the underground classrooms during the class hours by Plaintiff A, forced Plaintiff A to withdraw the petition, thereby infringing Plaintiff A’s right to teach, and the Plaintiff A sent to extreme anxiety and fear.

Abstract due to the above tort committed by Defendant D and E, Plaintiff A was hospitalized in a mental hospital and received treatment.

x) Accordingly, Defendant D and E as a tort, Defendant F as an employer of Defendant D and E, and Defendant Hung-do as a supervisor of Defendant F, is liable for the Plaintiffs’ property and mental damage caused by the tort.

나. 판 단 ⑴ 피고 D, E에 대한 청구에 관한 판단 ㈎ 2012. 3. 15.자 불법행위 주장에 대하여 원고들은, 피고 D이 원고 A을 폭행하여 육체적정신적 상해를 가하였다는 취지로 주장하고, 이에 대하여 피고 D은, 당시 수업지도 차원에서 나무막대로 원고 A의 머리를 가볍게 톡톡 친 정도의 행위만 하였을 뿐이라고 주장한다.

Therefore, the plaintiffs' assertion.

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