학교폭력에 의한 사고로 인한 손해배상책임

Liability for Compensatory Damages Caused by Incidents of School Violence

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.