학교안전사고 관련 법리 검토와 판례분석

School accidents & safety rule is the top agenda in educational policy in recent Korean society. The past study on school accident & safety rule was focused on the compensation to the injured. The prevention of the school accidents are, however, emphasized rather than compensation because the damage caused by accident is so serious and unrecoverable. The precaution on the school accident could be justified on the rationale of national duty to protect student basic constitutional rights. This study analyzed constitutional rationale on the school accident & safety rule and pointed out several legal problems of the Act on School Safety in Accident Prevention and Compensation. First, there is no sanction clause against the precaution duty. Second, the scope of precaution education object is too narrow. Third, it is not appropriate to delegate the duty of precaution to School Safety and Insurance Federation. This study also analyzed the cases of the Korean Supreme Court related with the school accident and the insurance compensation. Gong-ju high school accident case related with the extra-activities was also explained. The enforcement of safety rule on the school facilities, the emphasis of the safety education for the extra-activities and review of the compensation system were suggested as policy agenda.