학교안전공제제도의 법적 쟁점과 개선방안 = Legal Issues and Legislative Improvements of the School Safety Mutual Aid System

다국어 초록 (Multilingual Abstract)

This study analyzes judicial precedents related to school safety accidents in order to identify the major legal issues inherent in the current School Safety Mutual Aid System and to examine potential avenues for institutional improvement from a legislative perspective.
A substantial number of disputes arise in connection with diseases that occur during educational activities. Even when a disease is not explicitly listed in the Enforcement Decree of the School Safety Act, courts have tended to recognize coverage by focusing on the existence of a substantial causal relationship between the educational activity and the occurrence of harm, often recharacterizing the case as an “accident” rather than a “disease” through an indirect interpretive approach.
In the calculation of disability benefits, the current system adopts the standards of the State Compensation Act by reference. However, this structure is fundamentally incompatible with most types of school safety accidents, which generally do not presuppose negligence by public officials or defects in public facilities. As a result, disability ratings may be assessed at levels excessively higher than the actual damage sustained, leading to unnecessary fiscal expenditures and undermining equity in benefit distribution among insured individuals. Furthermore, because mutual aid benefits are statutorily fixed, the system has inherent structural limitations in resolving disputes involving discretionary non-covered benefits, future medical expenses, and com- pensation for emotional distress.
In cases of school violence, there is room for interpretation that extends the applicability of mutual aid benefits to harmful acts committed by adults that are not directly related to educational activities. Such interpretations risk excessively expanding the concept of a school safety accident.
Based on this analysis, this study proposes the following measures for institutional improvement.
First, the criteria for recognizing diseases should be restructured from a simple enumerative approach into a comprehensive recognition framework in order to ensure adequate coverage under the school safety accident system.
Second, with respect to disability benefits, the compensation standard should be revised from one that references the State Com- pensation Act to a fixed-rate compensation model. This would clarify the system’s character as a full-fledged social security scheme and enhance the efficiency of fiscal management.
Third, to address residual disputes that are difficult to resolve within a social security framework—such as those involving discretionary non-covered benefits, future medical expenses, and compensation for emotional distress—it is necessary to introduce liability insurance capable of performing a civil damages function and to design a dual-track structure in which such insurance is systematically linked with the School Safety Mutual Aid System.
Fourth, the scope of the right to claim mutual aid benefits for school violence should be adjusted based on its relevance to educational activities, thereby ensuring systematic coherence between the School Safety Mutual Aid System and the school violence victim support system.