All
| TITLE | Seoul Central District Court Decision 2020GaHap558796, dated June 27, 2024: Final and Conclusive [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 In a case where national universities such as University A conducted classes through non-face-to-face instruction or through a combination of face-to-face and non-face-to-face instruction and closed or operated facilities such as libraries on a limited basis in accordance with recommendations from the Ministry of Education when COVID-19, a highly contagious respiratory disease, rapidly spread, and students Party B, etc., who were students of University A, etc., sought damages for tort against the State and national university corporations operating University A, etc., alleging that University A, etc. infringed upon the right of Party B, etc. to education by providing inadequate instruction through non-face-to-face or hybrid instruction without legal basis, the court held that the mere fact that University A, etc. conducted classes through non-face-to-face or hybrid instruction is insufficient to establish that University A, etc. infringed upon the right of Party B, etc. to education by providing inadequate instruction, and even if some universities lacked school regulations or operational rules regarding distance learning at the time of implementing measures such as non-face-to-face classes, it is difficult to conclude that they conducted non-face-to-face classes without legal basis, and conducting classes through non-face-to-face or hybrid instruction does not constitute unlawful conduct rising to the level of tort under prevailing social norms, nor can the State, etc. be deemed to have been at fault for such conduct, and thereby rejected Party B, etc.’s claim for damages based on tort. | |
