Court Orders Parents of 4-Year-Old Who Pushed Friend at Daycare
to Pay Compensation for Broken Tooth
A court ruling has determined that the parents of a 4-year-old child who pushed a friend at a daycare center, causing the friend to fall and break a tooth, must pay compensation to the injured child’s family.
On the 16th, Judge Kim Jae-hyang of the Civil Division 2 at Bucheon Branch of Incheon District Court ruled partially in favor of the plaintiff in a damages lawsuit filed by A boy and his parents against B boy’s parents.
In February 2023, A boy, who was 4 years old at the time, fell in the daycare bathroom, breaking the tip of his canine tooth and injuring his lower lip. Seeing this, a childcare teacher asked B boy, who was next to A boy, what had happened. B boy admitted, "I did it." The accident occurred because B boy pushed his friend A boy.
After understanding the situation, the childcare teacher contacted the mothers of both A boy and B boy to inform them of the accident. Later, B boy’s mother sent a text message to A boy’s mother saying, "I heard that our child caused injury to A boy. I heard he was hurt inside his mouth, and I am sorry."
Furthermore, B boy’s parents decided to compensate for the damage and met with A boy’s parents five days after the incident. They prepared treatment costs and gifts, but A boy’s parents refused and filed a damages lawsuit with the court in May of the same year. A boy’s parents demanded 20 million won for their injured child and 5 million won each for themselves, totaling 30 million won.
However, the court ordered B boy’s parents to pay only 1.2 million won, not the 30 million won demanded by A boy and his parents, and added that A boy’s parents must bear 90% of the litigation costs.
Judge Kim stated, "B boy’s parents did not dispute the fact that their child caused this accident," and added, "Even looking at the report submitted to the daycare safety mutual aid association, it must be recognized that the accident was caused by B boy’s harmful act." He further explained, "B boy was 4 years old at the time and did not have the legal capacity to be held responsible for his actions. According to civil law, the responsibility to compensate for the plaintiffs’ damages lies with B boy’s parents."
However, the court judged that the 30 million won compensation demanded by A boy’s parents was excessive. Judge Kim said, "A boy’s damaged tooth was a baby tooth, and no discoloration or nerve damage occurred afterward," concluding, "The actual damage was not that significant." He added, "After the accident, B boy’s parents showed an intention to apologize and prepared compensation to deliver, but A boy’s parents refused and demanded excessive damages, even filing a lawsuit, which was also taken into consideration."
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