In connection with the Daejeon elementary school student murder case, the court found that not only teacher Myeong Jae-wan, 50, but also the Daejeon city government must compensate the bereaved family. The bench found that because the crime was carried out using the position of a teacher, it was closely related to the execution of official duties.
According to legal sources on the 28th, Song Hyeon-jik, Director General judge of the Daejeon District Court Civil Division 20, recently ordered Myeong and the Daejeon city government, in a damages suit filed by the family of the late Kim Ha-neul against Myeong, the city, and the principal, to jointly pay 109 million won each to Kim's parents and 18 million won to her younger sibling. The claim against the principal was dismissed.
Earlier, the family sought more than 400 million won in damages, arguing that not only Myeong, who committed the crime, but also the Daejeon city government, which establishes and operates elementary schools, and the principal, bore liability for emotional damages under the government compensation act.
The government compensation act stipulates that when a public official, in the course of performing duties, intentionally or negligently violates laws and causes damage to another, the state or a local government must compensate. The key issue in this case was whether Myeong's murder fell within the scope of a public official's duties.
The Daejeon city government argued it could not accept government compensation liability because Myeong's crime was a personal offense unrelated to a teacher's original duties. It also said the fact that consolation money had already been paid through the School Safety Mutual Aid Association should be taken into account.
However, the bench found that Myeong's crime was closely related to the execution of official duties. It found that Myeong committed the crime on campus during working hours, and that luring Kim to the audiovisual room by saying "I will give you a book" was an offer only a teacher could naturally make to a student, an act that used the position of a teacher.
The bench said it would have been difficult for Kim, who was 7 at the time, to suspect any other intent in the teacher's offer, and found that the murder was committed in a state that was outwardly and objectively closely related to the execution of duties.
It also explained that the consolation money paid by the School Safety Mutual Aid Association is a system for victim support and, with a different purpose and intent from tort damages, cannot be grounds to exempt government compensation liability.
By contrast, it did not recognize the principal's liability for damages. The family sought to hold the principal responsible, saying the principal recognized Myeong's abnormal behavior and signs of crime but failed to take appropriate action, but the bench found it difficult to conclude there was gross negligence.
Myeong was indicted on charges of luring first-grader Kim to an audiovisual room at an elementary school in Daejeon in February last year and killing her with a weapon, and in April the Supreme Court finalized a life sentence. He was dismissed from his position over the case.