학교스포츠시설과 손해배상책임

Abstract

In cases that someone suffer damages from managing and setting, a Nation and Self-Government have to pay for damages. It can be learned that the article 1 of the Japanese national compensation law is applied to a school sports accident if it is a non-power administrative action. And we also know that they borrow the concept, “the teacher′s obligation to consider the child′s safety” from the civil law to recognize the reparation by the state liability. It comes from the fact that the most of school sports accident is not the type to be directly harmful to child but to neglect to prevent the accident in advance. In the past the Japanese Court was not so positive to accept the theory mentioned above, but these days it decides if the state compensates or not according to the concept, “the teacher′s obligation to consider the child′s safety”. But “the teacher′s obligation to consider the child′s safety” is limited to the school activity and the closely related one to it, contrary to that of the parent′s and differs according to the content and degree of the obligation, the property, time and place of the school activity, and the age and the intelligence of the child, etc. Accordingly in Korea we strive to construct the theory and to accumulate the case referring to those of Japanese.