法務経営の観点からみた学校体育・スポーツ事故に関する一考察 : 野球事故訴訟を手がかりとして

概要

論文の詳細を見る
The purpose of this study was to ascertain the nature of the responsibility of school administrator of physical education for the physical education and sports accidents in school, from the viewpoit of legal management, forcusing the baseball accidents cases. Our conclusion is the school management of physical education and sports must be based on the following results. 1. Most of lawsuits arising from baseball accidents in school are the ones related to accidents in public junior high school or high school. 2. Most lawsuits are brought against the school administrator of physical education and sports, school staff, managerial staff, school' own legal advisers and national and local public bodies, and are actions for damages. 3. In private school, the defendants are not only schools' own advisers, but also school staff and managerial staff. In public school, the defendants are national or local public bodies, and not necessarily school staff and managerial staff. Thus differences may be seen to exist in the legal approach between private schools and public schools. 4. The defendants could be accused of tort liability, but also default liability. For this reason, the period of extinctive proscription may be increased from three to ten years.
日本体育・スポーツ経営学会の論文
2004-03-31