학교폭력에 의한 사고로 인한 손해배상책임

• 영문명: Liability for Compensatory Damages Caused by Incidents of School Violence
• 발행기관: 한국민사법학회
• 저자명: 정정일(Jeong, Jeong-Ile)
• 간행물 정보: 『민사법학』제33호, 295~324쪽, 전체 30쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.09.30

영문 초록

Of the various types of school accidents, the number of incidents involving violence among students is growing rapidly. In all its forms and types, school violence and the imitation of adult violence is becoming increasingly cruel, gang-oriented, and severe, and is on the rise among both male and female students and students in low age groups. In particular, gang bullying, whereby a weak student is persistently harassed by a group of students, highlights the serious nature of school violence. One of the major characteristics of the alarmingly frequent occurrence of school violence is that psychologically immature students suffer serious mental damage and, in the worst cases, commit suicide or fall prey to extreme and unpredictable patterns of behavior. Given such facts, the state and society should establish programs that serve to proactively prevent school violence, and should undertake to make full and comprehensive reparation to students for damages sustained as a result of school violence. With regard to the responsibility for damages caused by acts of violence inflicting the greatest mental or physical damage upon the victims, the related theories and the legal liabilities of the parties involved were studied through judicial precedents. Furthermore, the responsibilities of school founders and managers, and the methods of compensating the damages were studied, and legal liabilities in the event of claims for damages were also reviewed. In conclusion, some measures for preventing violence devised.

목차

Ⅰ. 문제의 제기

Ⅱ. 책임 주체의 법적 책임문제

Ⅲ. 피해보상 방법과 손해배상책임 법리

Ⅳ. 마치며

키워드

학교사고 학교폭력 집단 괴롭힘 감독의무자 책임무능력자 미성년자 school accidents school violence gang bullying supervisory obligation person without legal capacity minors