The Consideration about Criminal liability as Negligence of the Teaching Staff on Serious Accident Case in Skiing Instruction of School and University
Shin, Hyun-Gyu(Kookmin University)
This study was to consider about criminal liability as neglige...
The Consideration about Criminal liability as Negligence of the Teaching Staff on Serious Accident Case in Skiing Instruction of School and University
Shin, Hyun-Gyu(Kookmin University)
This study was to consider about criminal liability as negligence of the teaching staff on serious accident case in skiing instruction of school and university.
Therefore, I could find out conclusion following;
First, in snow skiing instruction of school and university serious accident like severe injury or death as negligence of the teaching staff be assume criminal liability of professional negligence by criminal law article 268(be sentenced to 5 years or less imprisonment/ be paid 20,000,000 won of less penalty).
Second, the occurring teaching staff that criminal liability on serious accident case as negligence themselves in skiing instruction of school and university also be assume administrative liability of dismissal, release from office, suspension from office, pay cut, reprimand, and revocation of position etc.
Third, countermeasure and relief of the teaching staff about criminal liability that the teaching staff must do attentional obligation of teacher best and they appeal to legal basis such as principle of reliance between student and teacher in sport, permissional sport activity by criminal law article 13, and peculiarity of sport like opinion of approval of danger, self fault, and irresistable force.
Fourth, the teaching staff on occasion of snow skiing instruction of school and university be act according to reason and rationality on any case, and they could be escape criminal liability.
In Conclusion, the teaching staff on occasion of snow skiing instruction of school and university cannot act according to illegal professional negligence and fault of guidance and inspector, namely violation of attentional obligation assumed criminal liability.