Departmental Bulletin Paper 学校運動部活動における重大事故と顧問の法的責任 : 大分県竹田高校剣道部暴行・熱中症死亡事件裁判からの教示
A catastrophic affair in a school sports activity and legal responsibility of a teacher of a public school/a coach of a school sports : a fatal heat stroke case that is caused by violent kendo exercise

南部, さおり

47 ( 1 )  , pp.1 - 11 , 2017-09-30 , 日本体育大学
On August 22, 2009, during the kendo club activity in school, a 17-year-old male high school student suffered heat stroke. He was taken to the hospital, but died. His heat stroke was caused by an abusive instruction and negligence of a kendo coach and an assistant coach who were school teachers and local government employees. The parents of the student pursued their legal responsibility using various legal means such as a civil action, criminal complaint and appeal for review a procecutor’s decision of non-prosecution to Committee for Inquest of Prosecution for more than seven years. The Act concerning State Liability for Compensation provides that state or local government is liable for a compensation for damage due to wrongful conduct by public officials. When there was intent or gross negligence on the part of the public officer, however, the State or public entity shall have the right to obtain reimbursement from that public officer. Therefore, the student’s parents take a legal action of resident’s audit re-quest (confirmation of the illegality that the local government has been defaulting on exercise of right of reimbursement for a long time) against Oita prefecture use as a last resort in pursuit of the personal responsibility of them. December 2016, the parents were able to get the court admit that the coach should take responsibility personally at last (but an assistant coach’s responsibility was not accepted). This was the extremely epoch-making judgment that authorized the responsibility of the public employee individual. It can be hope that this judgment will put a brake on the coach’s abuseful/inappropriate conduct in public school club activities. Oita prefecture, however, appealed against the decision on January 2016.

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