Where the head of a district office of education exercises jurisdiction over two local governments, a case that erroneously recognizes the liability for defect in the installation of the fences of national schools under the jurisdiction of another local government;

Even if the head of the Ansan-gu District Office of Education represents the local government of the Si-Gun with regard to the matters concerning education, art and science, he/she shall file a lawsuit against the Si-Gun where he/she suffers a road adjacent to the fence of the national school which the Si-Gun is established and operated.

Articles 15 and 8(3) of the Education Act, Articles 84 and 85 of the Enforcement Decree of the Education Act

Plaintiff 1 and one other

Attorney Lee Sung-ho, Counsel for the defendant-appellant

Seoul Civil District Court Decision 77Na849 delivered on December 22, 1977

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The first ground for appeal by the defendant's attorney is examined.

According to the reasoning of the judgment of the court below, the court below recognized the fact that the plaintiff 1 passed a road of six meters wide from the 6-meter radius abutting on the wall side of the Magnam National School in the document (location omitted) of the Sinsan-si, Yan National University of Gwangju National University around January 23, 1976 to the above wall, and determined that the defendant Si which manages the above school is liable for the damages suffered by the plaintiffs due to the defect in the construction of the above school wall, which is a structure.

According to Article 15 (2) of the Education Act, the head of the District Education Office provides that "the head of the District Education Office shall represent the relevant local government with regard to education arts," and according to the proviso to Article 15 (1) of the same Act and Article 21 of the Seoul Metropolitan City Office of Education (Presidential Decree) of the Busan Metropolitan City Office of Education (Presidential Decree) it is known that the head of the Ansan-si Office of Education integrated the Ansan-si and the Si-si Office of Education (Presidential Decree) into the jurisdiction of the relevant Si-si. However, according to the provisions of Article 8 (3) of the Education Act and Article 84 and Article 85 of the Enforcement Decree of the same Act, each local government excluding the Do shall establish and operate a national school necessary for the guardian of school-aged children within its jurisdiction.

In light of the purport of each of the above provisions, the e-mail national school in the e-mail of the Gyeonggi-si shall be deemed to be a school established and operated by the Siung-si. However, if the issue is about education and art, it shall be deemed that the head of the District Education Office shall represent the Siung-si, which is the local government concerned.

Therefore, the judgment of the court below which recognized the liability for damages at the time of defendant Ansan-si on the premise that the above national school, which was established and operated by Siung-gun, is an affiliate organization of Ansan-si separate from Siyang-si, which is a local government, and on the premise of this, it shall be deemed that the above provision of the law has committed an unlawful act which affected the conclusion of the judgment. Therefore

Therefore, the judgment of the court below is omitted, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-chul (Presiding Justice)