학교안전사고와 손해배상책임

Abstract

Safety-related accidents in school refer the accidents from which students who are educatees got damaged or fell into the victims regardless of directly relation to school education. However, although a school pays a careful attention, the occurrence of Safety-related accidents in School is inevitable in the course of proceeding school curriculum and pursuing education purpose since students are immature physically and mentally. Here, when these kinds of accidents happen, what scope of legal responsibility a school should be charged for? Safety-related accidents in school can be classified according to the followings; locus of responsibility, the when and the where of accident, types of accident, and damage suffered. The scope of responsibility can be different according to specific duties of protection and supervision. A school has a duty to care for safety, considering the acts of students and their scope existing. However, in case that safety accidents outbreak at school due to natural disaster during extracurricular activities, it is difficult to clarify the scope of responsibility a school should be charged for. Accidents occurred during extracurricular activities, most of which are sports accidents, are especially considered complicated of the safety-related accidents in school. Since sports include inevitable danger, it is too severe to blame teachers for the accidents, which discourages extracurricular activities. However, since it is also important to save the victims, any breach of duty of care shall be determined by the criteria that neither discourage club activities nor neglect to help victims, comprehensively considering the possibility of avoiding the results, contributory negligence, and force majeure. The responsibility of Indemnification for safety-related accidents in school can be charged as a breach of duty of care for educational safety under the contract between students, a person in parental authority and a school founder, its manager in case of private schools. The trust relationship for education can be broken in the course for students and a person in parental authority to verify teachers’ faults for struggling to figure unlawful acts out. In addition, to acknowledge teachers’ breach of duty of care easily can shrink contents of education and limit students’ autonomous activities, resulting in harming educational creativity and the possibility of future growth. From these points, it seems desirable to constitute such default as a breach of duty of care for safety of a school founder or its manager.