▲ The Supreme Court of Korea
The Supreme Court has ruled that a local government is liable for damages to a child victim when a care worker at a center operated by a private organization under a government contract commits sexual molestation.
The First Division of the Supreme Court (Justice Cheon Dae-yeop presiding) upheld the lower court's ruling in a damages lawsuit filed by the victim's family against the city of Gyeongju and the organization operating the care center, ordering the defendants to "jointly pay a total of 36 million won to the victim and their family."
The incident occurred at a care center established by the city of Gyeongju and outsourced to a private organization.
In 2023, a care worker identified as A sexually abused a child attending the center, molesting and sexually harassing the victim on 23 separate occasions.
The victim suffered from conditions including anxiety disorder and required treatment. The child's parents subsequently filed a lawsuit, demanding that the city of Gyeongju and the operating organization pay a total of 84 million won in damages, along with the perpetrator A.
The core issue of the case was whether the local government, which outsourced the operation of the care center, could be held liable as an employer.
The city of Gyeongju argued that it held no liability, claiming it had verified that the perpetrator had no prior record of sexual offenses at the time the private organization hired the worker.
However, the Supreme Court recognized the local government's employer liability, stating that the city maintained a relationship that required it to effectively direct and supervise the work of the private organization and its employees.
The Supreme Court stated, "When a delegator has the delegatee and their employee engage in the delegator's affairs, and the delegator is in a position to effectively direct and supervise them, an employer-employee relationship under the Civil Act can be recognized between the delegator and the delegatee's employee."
The court further explained that under the Child Welfare Act, the local government is the primary entity responsible for the establishment and operation of care centers, and the implementation of care service policies is a duty of the local government. Therefore, the city holds the responsibility for effective direction and supervision.
The court also cited the fact that the city of Gyeongju operates its own direct care centers, and that the outsourcing contract granted the city authority for management and supervision, including the right to inspect documents and demand corrective measures. Additionally, the city had specifically determined the center's operating hours, fees, and staffing levels prior to outsourcing.
Consequently, the court upheld the lower court's decision, ordering the private organization and the city of Gyeongju to jointly pay 30 million won to the victim and 3 million won each to the victim's parents.
Regarding the perpetrator, the care worker A, a reconciliation recommendation decision from the first trial, which ordered the payment of a total of 60 million won to the victim's side, has been finalized.
※ Please note: This article was translated by AI and may contain errors.