판례를 통해서 본 학교폭력사고에 대한 교사의 법적 책임

Abstract

This study starts with an essential question about the scope of teachers’ responsibilities related to violence in schools. In reality, the issues on liability for violence in schools usually depend on the individual cases and the precedents, which makes it hard to investigate and reveal the truth of the case and the responsibility of the related teachers. This study analyzes the previous cases of violence in schools and examines the legal liability of the teacher-side in three categories — criminal, civil, and administrative responsibilities. There are implications suggested by the analysis. First of all, teachers’ legal responsibilities related to violence in schools are mainly claims for damages based on civil liabilities. Second, it is not until 2000’s that the school violence precedents admitted teacher’s fault liability. Third, related to civil liability, teacher’s responsibility as supervisor varies depending on the assailant’s assuming responsibility. Fourth, as for school violence, teacher’s criminal dereliction of duty corresponds to when the teacher neglects their duties on purpose, which doesn’t have to do with making mistakes or negligence of duties at work. Finally, the standard of weighing of an offense should be clearly defined in order for disciplinary action against violence in schools. Teacher’s legal responsibility needs to be discussed related to teacher’s increased professionalism and protection of teacher’s authority.