The purpose of this study is to clarify the civil and penal responsibility throughout the decision made from the constitutional court, the conclusion from a district and a high court of justice, and the analysis of the teachers' judging committee.
To ...
The purpose of this study is to clarify the civil and penal responsibility throughout the decision made from the constitutional court, the conclusion from a district and a high court of justice, and the analysis of the teachers' judging committee.
To pursue this purpose, this research is focused on the legal foundation of "Accident in school" and its actual condition. Also, all kinds of judical precedents related with "Accident in school" are collected and analyzed. The main idea of this paper is to manifest the legal responsibility of school accident. In order to carry out this study, the forms of accident are separated into 3 different elements, which are school violence, corporal punishment, and students' accident in a safe condition.
For the method of this study, critical apparatus and precedents are both carried out. In the case of Critical apparatus, this research is concentrated to figure out the conception of accident in school, features, category, a theory of illegal act, relief system, the victim's legal responsibility, and the actual condition of "accident in school" to using the related-document or previous work. In the case of the judicial precedent, a variety of materials are collected, which are the precedent from the Supreme Court, the conclusion from the district, the high court of justice and the consequence from the teacher's judging committee.
In analyzing the judicial precedent, the accidents in school are categorized into three different types.
To analyze the judicial precedent, there are several standards to each types of the accidents in school, which are the object, range, and form of responsibility. An analytic frame is also created to figure out the trend, the legal responsibility, and the relational structure of legal responsibility. The precedents are analyzed concretely by the analytic frame which is mentioned earlier.
Through the analysis of precedent of the legal responsibility, these findings are suggested.
First of all, the object of the legal responsibility and the range of responsibility of accident in school can be differentiated by 3 types, such as school violence, physical punishment, and the accident in a safe condition. Therefore, this kind of research can be assessed as a meaningful work.
Secondly, school accident can be proposed by conditions for instance, penal, civil and the administrative responsibility. Among these following three elements, there is a relief system for the civil responsibility, for the administrative responsibility, a teacher’s request judging committee is established; however, there isn’t any measure for the penal responsibility yet. Therefore, it is required to make an alternative for the penal responsibility.
Thirdly, teacher's legal responsibility was widely analyzed throughout the result from the trend analysis and the types of school accident. In addition to above, because of the teacher’s legal responsibility, a lot of teachers are having difficulties on managing the actual spot at the school. Therefore, an appropriate law must be provided to support the teachers and reduce the difficulties teachers are facing with.
Fourthly, this study can offer you an analytic frame through the analysis of precedent. By putting the analytic frame into practice, several types of school accident are elicited into a schema.
In sum, the sense of this study is that it can be utilized as a basic material of policy decision in the country, the education bureau, or in the field of school administration. It also can give an informative idea to the field of theory, the practice in the law of school accident and the study of precedent. Moreover, this study can increase the perception of law to the teachers by using it as a learning material for their training course. Lastly, it can give an effectiveidea to teachers to make a juridical verdict when school accident is taken into place.
Finally, in this study, school accident is limited to the cases that students are injured. School accident includes the occasions not only about the students but about teachers, school staff and school participants. So it might be a meaningful research to study the cases that students are not the subject. It would be effective in preventing and treating the accidents in school.