体育の事故における訴訟と判例に関する研究

A Study on Lawsuit and Judical Precedent in an Accident of Physical Education

Okihara Ken

Esashi Yukimasa

Matsuoka Shigenobu

広島大学教育学部紀要. 第二部

Bulletin of the Faculty of Education, Hiroshima University. Part 2

This study worked from the point of view that increasing the number of lawsuits were caused by the drift of the condition of public life. Under the condition, the purpose of this paper was to make clear how a court of justice passd sentence upon an accident of Physical Education and what a judical precedent had an influence on. And it was a valuable to analize this study in Physical Education Accident as one of main problem to public.

Major findings were usmmarized as follows:

1) In a court of justice, it converged into a focus on the relationship between the plaintiff, a student who was damerged, and the defendant, usually his teacher.

2) In showing above one's relationship, the criterion developed a tendency to depend on comparing to one of other's schol condition.

3) It was a judical precedent as a criterion would influence upon Physical Education class activities and a way of planing.

Education [ 370 ]

jpn

広島大学教育学部

[ISSN] 0440-8713

[NCID] AN0021336X