유치원 사고로 인한 유아의 인신손해와 민사책임의 귀속관계 - 교사의 주의의무위반을 중심으로 -

Abstract

Every year, approximately 8,000 kindergarten negligent accidents occur in our nation(ROK). The purpose of this paper is to analyze incidents by types that occurred in nursery institutions(particularly, kindergartens) and elucidate clearly attributable civil liability relationship among involved parties in these accidents. In recent years, The number of accidents in kindergarten has been soaring. In concerned with such accidents, In priority, I reviewed the basis on their legal responsibilities, attributed responsibilities relationship between kindergarten founder(manager) and teacher, the level and range of protection duty between statutory directors and deputy supervisors, responsibility relationship between vicarious liability in civil law and government or local government liability in the State Tort Liability Act etc. In this process, the analysis of the theories and precedents of the Civil Code of Japan may be an comparatively important case study. While describing the characteristics of kindergarten enrollment agreement, I emphasized that the kindergarten founder and teacher's protection duty(or safe care obligations) is essential in this. By extending the legal basis of liability in order to protect the victims of kindergarten accidents more thickly, I think that the possibility which civil law tort liability and contractual liabilitycan be applied competitively in these accidents has to be opened.