Repeatedly refused but requested sparring again from a friend
Education Office rules 'school violence'... Court orders "compensation payment"
The court ordered compensation payment in a case where a teenage male student broke the rib of a friend from the same school during kickboxing sparring.
In June 2022, A, a third-year middle school student at the time, received a request from his friend B to spar at a kickboxing gym. Despite A's refusal, B continued to ask for sparring, and eventually A agreed, asking, "My left ribs hurt, so please do not strike that area."
However, once the sparring began, B kicked A's left ribs, resulting in two broken ribs and a medical diagnosis of six weeks of treatment. It was also found that in 2021, B had repeatedly kicked A's left ribs and waist during school breaks.
A's parents filed a civil lawsuit in November last year against B and his parents, demanding 10 million won in damages for the rib fracture.
Accordingly, on the 25th, the Incheon District Court Civil Division 59 ruled partially in favor of the plaintiff, ordering B and his parents to pay A 7 million won in consolation money and to bear all litigation costs.
Judge Park No-eul, who handled the case, explained, "Considering the circumstances of the incident and the disciplinary results related to school violence, the consolation money was determined by taking into account the impact of the incident on the victim A."
Meanwhile, in August last year, an education support office in Incheon judged B's actions as school violence, imposing a five-day suspension and five hours of special education. They also ordered B to apologize in writing to A and prohibited any threats or retaliatory actions.
In October last year, B's side filed a lawsuit against the education support office to cancel the disciplinary measures by the School Violence Countermeasures Committee, claiming it was not school violence. They argued that since sparring was done with A's consent, there was no illegality, and it was negligence rather than intentional.
However, in June this year, the Incheon District Court Administrative Division 1-3 (Chief Judge Go Seung-il) dismissed the case. The court explained, "A graduated from middle school in February this year, and the disciplinary records in the school life record book have already been deleted. It was judged that there is no benefit to be gained through this lawsuit."
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