학교안전사고에 따른 손해배상책임의 법리

Abstract

Safety-related accidents in school often happen unexpectedly, but the subject and limitation of liability on damages do not establish clearly because many kinds of legal relationships are expected by forms of accidents such as a relationship of victimized students, injurer students and their guardians, a relationship of students, teachers and a principle and a relationship of students, the country, the municipality and school founders and so on. A responsible person of damages can be differentiated depending on patterns of the accidents. In other words, a responsible person of damages and the scope of responsibility are also done depending on whether the accidents are caused by violation of safety obligations on condition consolidation of the school, whether the concerned school is national, public or private, whether the accidents is related to school activities. This paper is made on a basis on theories and leading cases reminding the purpose of modern illegal act system which is equitable and appropriate between injurer students and victimized students to protect teenagers and prevent contraction in school activities. On safety-related accidents in school, there are contract and default liabilities as a duty of care for safety under school contract as an illegal act except school facilities accidents by the State Tort Liability Act and the equipment liability on civil law in the legal principles for damage. Among these, taking an illegal act is very common. In the case of asking the illegal act about safety-related accidents in school, it should make a school founder and its manager a system being responsible for the final liability for damages than it shifts the liabilities for damages onto teachers. Also, the responsibility of safety-related accidents in school would rather make legal principles of default based on a relation of school contract than illegal act considering educational trust relationship. Because it is important for judgement on safety-related accidents in school to predict, the stability of school curriculum is very important by mapping a logical standard for presuming school faculties' faults on accidents.