[Grandpa] “A 9-year-old elementary school student threw a stone at a friend and hurt him… Parents are also responsible for compensation.”

[Busan Eastern Branch] Rejects claim of ‘lack of responsibility’

A (9), an elementary school student, threw a rock at his friend B at the playground of an elementary school in Haeundae-gu, Busan, causing wounds measuring 1 cm vertically below his left eye, 2 cm on his left cheek, and 1 cm below his nose. Accordingly, B and his parents filed a lawsuit against A and his parents, demanding compensation for damages. The superintendent of Busan Metropolitan City Haeundae Office of Education issued a written apology to A to the victim student following the resolution of the Busan City Haeundae Office of Education School Violence Measures Review Committee that A's actions constituted school violence.

Judge Kim Joo-young of the Eastern Branch of the Busan District Court ruled on April 9 that both A and his parents were responsible for damages and that "the defendants should join together and pay 22 million won to the plaintiffs" (2024 Gadan 103511).

The defendants argued to the effect that “A was only 9 years old at the time of the incident and therefore has no capacity for responsibility.”

However, Judge Kim did not accept it, saying, "Capacity for responsibility generally refers to the mental ability to take responsibility for one's actions. In this case, the student who witnessed the assault stated, 'A was crying after the assault, saying he felt like he was going to get into school violence,' so it is difficult to say that A did not have the ability to take responsibility."

Judge Kim also spoke about A’s parents. “Even if a minor has the capacity for responsibility and takes responsibility for a tort on his own, if the damage is causally related to the violation of the duty of the person responsible for supervising the minor, the person responsible for supervision is liable for damages as a general tortfeasor (see Supreme Court Decision 93da60588, August 23, 1994, etc.)”, and “At the time of the price act, A was living with the defendants and receiving their protection and supervision, and the defendants “It will be said that they have a duty to educate and supervise A, a minor, by providing daily guidance and advice so that he does not commit harmful acts against others. However, the defendants neglected the above-mentioned duty of guidance and supervision, and it is judged that such negligence was a cause of the price act. Therefore, as general tortfeasors, the defendants are jointly responsible for compensating the damages suffered by the plaintiffs in accordance with Articles 750 and 760 of the Civil Act.”

Daeryun Law Firm represented the plaintiffs, and Shinsung Law Firm represented the defendants.

Legal Times Reporter Kim Deok-seong (dsconf@legaltimes.co.kr)

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[Sonbae] "A 9-year-old elementary school student threw a stone at a friend and hurt him... Parents are also responsible for compensation" (Shortcut)