학교안전사고로 발생한 정신적 피해 지원 방안에 대한 연구 – 일본의 논의와 시사점을 중심으로 –

The current deduction system under the School Safety Act is designed to provide direct compensation to recipients for damages caused by school safety accidents, operating on the principles of mutual assistance and social security. However, it does not include provisions for compensating mental damage, except for the alimony reflected in disability benefits. As a result, it becomes challenging to receive adequate compensation in cases where mental illness arises from mental shock at school or the accumulation of mental and physical burdens. In order to gain insights into how to provide support for mental damage caused by school safety accidents as a public system in Korea, this article examines the issue of mental damage support by studying the disaster deduction benefit system under Japan's Sports Promotion Center Act. Additionally, it explores other systems, besides financial compensation, within the School Safety and Health Act that aim to provide support for psychological trauma resulting from school accidents, such as mental care. In order to fulfill the purpose of the School Safety Act, which aims to “promptly and adequately compensate students, faculty, and educational participants for damages arising from school safety accidents,” it is essential to include “mental illness” in the list of conditions covered by the Act. In cases of post-traumatic stress disorder caused by physical or mental shock at school, both ongoing counseling and psychological treatment, as well as the provision of deduction benefits, hold significant importance. This article emphasizes the need to activate counseling support, such as actively utilizing the counseling and psychological treatment assistance outlined in Article 10-3 of the School Safety Act, to provide assistance for mental damage resulting from school safety accidents.