My child was injured at school. Is the school liable.

What the Law Says

South Korean law imposes a legal duty on schools to protect students’ safety and health. This duty arises from both the Civil Act (governing general liability) and the School Health Act (setting specific obligations for schools). If a child is injured due to the school’s failure to meet this duty, the school may be held civilly liable.

Under Article 750 of the Civil Act, a person who causes harm to another through intentional act or negligence must compensate for damages. Schools — as institutions entrusted with supervising minors — are considered to have a heightened duty of care.

The School Health Act reinforces this duty: Article 24 states that 'school operators shall take necessary measures to prevent accidents and ensure the safety and health of students.' This includes maintaining safe facilities, providing adequate supervision during class and extracurricular activities, and responding appropriately to foreseeable risks.

Liability does not require intent — negligence alone suffices. For example, failing to repair broken playground equipment, leaving hazardous materials unsecured, or assigning unsupervised tasks beyond a student’s capacity may constitute negligence under these provisions.

Statutory Text

A person who causes loss or damage to another person by an intentional or negligent act shall be liable to compensate for such loss or damage.

— Civil Act, Art. 750 — Liability for tort

Statutory Text

School operators shall take necessary measures to prevent accidents and ensure the safety and health of students.

— School Health Act, Art. 24 — Duty of school operators

What to Do

Sources