A 4-year-old who pushed his friend and broke his teeth...What is the end of the 30 million won claim?

ⓒYonhap News Agency

It was ruled that parents should compensate for a 4-year-old child who broke his teeth by pushing his friend at a daycare center.

On the 16th, Judge Kim Jae-hyang of the Incheon District Court's Bucheon Branch Civil Division 2 announced that he won part of the plaintiff in a damages lawsuit filed by A and his parents against B's parents, who pushed A in the bathroom.

In February 2023, A, who was 4 years old at the time, fell in the bathroom of the daycare center, broke the tip of his fangs and cracked his lower lip. There was no closed-circuit (CC) TV because the accident site was a toilet, and childcare teachers could not watch it.

B confessed to the childcare teacher that it was an accident caused by pushing A, and the childcare teacher contacted A and B's mothers, respectively, to inform them of this. After that, B's mother decided to compensate for the damage and contacted A's mother first.

Five days later, he met A's parents with medical expenses and gifts, but A's parents rejected it and filed a compensation complaint with the court in May of the same year. A's parents demanded a total of 30 million won, 20 million won for their injured son and 5 million won for themselves.

The court ordered B's parents to pay only 1.2 million won instead of 30 million won requested by A and his parents, leaving A's parents to bear 90% of the litigation costs.

Judge Kim said, "B's parents did not argue that their children caused the accident," adding, "Even if you look at the report submitted to the Child Care Center Safety Mutual Aid Association, it should be considered that the accident occurred due to the assault of B." "B was 4 years old at the time and was not capable of being legally responsible for his actions," he said. "Under the civil law, B's parents are responsible for compensating the plaintiffs for their damages."

However, considering that A's damaged teeth were a baby, the actual damage was not so significant, that B's parents expressed an apology after the accident and tried to provide and deliver damages, and that A's parents rejected it and demanded excessive compensation for damages, the 30 million won demanded by A's parents as compensation was excessive.