학교폭력 당사자의 법적 책임과 교육적 시사점: 대법원 판례를 중심으로

The purpose of this study is to seek for legal responsibilities of the parties and educational implications respecting school violence based on Supreme Court's precedents, and the followings are conclusions of this study. Firstly, legal responsibilities of the parties that appear on Supreme Court's precedents. 1) The legal responsibilities of the assailant and the guardian, which the guardian is primarily liable for damages caused by any illegal acts of the assailant, who is likely to be a minor. 2) Victims will be subject to comparative negligence that lightens assailant’s liability for damages, only if there is victim’s negligence that caused the occurrence of incident. 3) School teachers take liability for damages caused by violation of his/her responsibility to protect and supervise students, when the grounds are found such as the existence of predictability of school violence, inseparable relation to school programs, and failure of obligation of supervision. 4) Employers take liability of compensation for violation of his/her responsibility to direct and supervise assigned teachers. Secondly, there are educational implications from the precedents for preventing and eradicating school violence: intensive education for the students about preventive measures and countermeasures against school violence, prevention of school violence through smooth communication with guardians, arrangement of substantial and effective programs of employer for eradicate school violence, improvement of teachers' perception about moral and ethical obligations to protect and supervise students, positive moves of teacher to prevent and solve the problems of bullying and teasing among students, and intensive education about language purification of students to prevent verbal abuse.