CONTENTS
- 1. The Client Who Came to Daeryun Through a Busan Legal Consultation
- - The Client's Story as Heard Through the Busan Legal Consultation
- 2. Assisting the Client's Damages Claim Through the Busan Legal Consultation
- - Busan Legal Consultation Assistance 1. Arguing That Liability for Damages Arises Against the Perpetrator's Parents
- - Busan Legal Consultation Assistance 2. Arguing Severe Physical and Emotional Harm
- 3. Result of a Busan Legal Consultation: Claim for Damages for School Violence Harm Secured
- - If You Need a Busan Legal Consultation
1. The Client Who Came to Daeryun Through a Busan Legal Consultation
The Busan legal consultation client had an elementary school child, and the child had suffered serious bodily injury after being subjected to 🔗school violence by a classmate.
The client wished to claim damages, including medical expenses and consolation money.
The Client's Story as Heard Through the Busan Legal Consultation
A Daeryun Busan attorney listened to the client's detailed account through a legal consultation.
The client's child and the assailant had ordinarily been close friends.
After a dispute for some reason, the assailant's one-sided harassment continued.
The harassment grew more intense as time passed, and it eventually led to physical assault.
The client's child suffered a serious injury, fractures to both legs, as a result of the assailant's assault.
It was an assault far too brutal to be thought of as school violence caused by a sixth-grade elementary school student.
Through a Busan legal consultation, the client wished to pursue damages for the physical and psychological harm.
Statutes on School Violence and Damages Explained at the Busan Legal Consultation
If you have suffered physical or psychological harm from school violence, you may, like the client, claim damages.
A person who causes loss to another by an unlawful act committed intentionally or negligently shall be liable to compensate for that loss.
Act on the Prevention of and Countermeasures against School Violence Article 2 (Definitions)
-School violence means an act that, inside or outside the school and directed at a student, entails physical, mental, or property harm through bodily injury, assault, confinement, intimidation, abduction or inducement, defamation or insult, extortion, coercion or forced errands, sexual violence, bullying, cyberbullying, and the like.
2. Assisting the Client's Damages Claim Through the Busan Legal Consultation
Having grasped the client's case through a Busan legal consultation, the Daeryun Busan attorney pursued a claim for damages to obtain compensation for the harm from the school violence.
Busan Legal Consultation Assistance 1. Arguing That Liability for Damages Arises Against the Perpetrator's Parents
The Daeryun Busan attorney, relying on Supreme Court precedent, argued that, where a minor bears tort liability, ▲the harm has a substantial causal relationship with the breach of duty by the minor's supervisory guardian and ▲the parents, as supervisory guardians, may be held liable for damages.
Even where a minor has the capacity for responsibility and thus bears tort liability on his or her own, if the harm has a substantial causal relationship with the breach of duty by the minor's supervisory guardian, the supervisory guardian is liable for damages as a general tortfeasor under Article 750 of the Civil Act. In this case, the substantial causal relationship between such breach of the duty of supervision and the occurrence of the harm must be proved by the person asserting it. Parents who raise a minor child and exercise parental authority have a legal duty to support, protect, and educate the child.
Busan Legal Consultation Assistance 2. Arguing Severe Physical and Emotional Harm
The Daeryun Busan attorney claimed damages based on the severe physical and psychological harm suffered by the client's child.
The client's child suffered fractures to both legs due to the assault by the perpetrator.
As a result, the child had to endure the physical pain and inconvenience of using a cast, crutches, and a wheelchair for several months.
In addition, the child is going through a difficult time due to the trauma of the assault.
Moreover, the perpetrator has not apologized to this day, and the client's child lives in fear of being assaulted again.
3. Result of a Busan Legal Consultation: Claim for Damages for School Violence Harm Secured
Through the Busan legal consultation, the client was able to receive damages for the harm.
The client in the Busan legal consultation said, "It cannot compare to the child's wounds, but I am relieved to have been able to receive damages, at least financially."
If You Need a Busan Legal Consultation
As in the above case, when the perpetrator is a minor, damages may be claimed from the legal guardian.
To file a damages lawsuit arising from school violence, presenting objective evidence and requesting an appropriate amount of compensation is more important than anything else.
🔗Daeryun Law Firm, where legal consultation is available 365 days a year, 24 hours a day, is ready to help clients at any time.
If you need a legal consultation, please reach out to Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
