Omicron, a new type of coronavirus While the number of new infections caused by strains has increased dramatically, high school and university entrance exams have begun in earnest. I think that there are many students who take the last spurt with the aim of passing the school of their choice. By the way, when taking high school exams or admissions recommended by universities, junior high school and high school teachers often submit student application documents to the school of their choice, but in the past the teachers forgot to submit the application. In some cases, students are no longer able to take the exam. If the teacher forgets to submit the application and cannot decide on a course, will the student be asked for compensation from the school? We asked Kazuo Makino, a lawyer at Shibasogo Law Office. [Table] Compensation of nearly 2 million yen … Main cases where the teacher forgot to submit the application
Necessary causal relationship of “pass if you apply”
Q. For high school exams and university recommended entrance exams , Is there any legal liability on the part of the school if the teacher fails to take the exam because he / she did not submit the application within the deadline? Mr. Makino “In civil terms, the teacher who is the user of the school has caused damage to the students and parents due to negligence, and the school may be held liable for the user under Article 715 of the Civil Code. On the other hand, there is no applicable law for criminal liability. “Q. If a wanderer is decided because he could not take the exam, or if all the villains are decided after failing the entrance exam, the preparatory school school fee and the next year’s exam fee, Is it possible to charge the school for a consolation fee? Mr. Makino: “Possible damages include mental damage that prevented you from taking the first choice, and damage that caused you to be forced into a ronin and required extra expenses. It is necessary to prove a causal relationship that would have passed without fail if it had been done. For example, in the case of a recommendation entrance examination, it is highly relevant, such as “the fact that all past recommenders have passed”. Evidence is required. “Q. If you cannot take the exam and decide to go on to the second choice or lower, and the entrance fee and tuition fee are higher than the school that you could not take the exam, you can charge the difference to the school you made a mistake. Can you do it? Mr. Makino “If you are expected to pass the exam, but you cannot apply to a public school and you enter a private school and there is a difference, you may be able to claim the difference as damage.” Q. Is it possible that an individual teacher who forgets to submit an application will be held liable? Mr. Makino “If you are entrusted to submit an application but do not submit it due to negligence (carelessness), you may be in violation of the quasi-delegation contract (Article 656 of the Civil Code), and at the same time, Article 709 of the Civil Code. It can also be a tort. If a causal relationship between an application error and the damage caused by it is proved, personal liability may be incurred. “Q. In the past, teachers When he forgot to submit the application, he explained to the students that the document was incomplete and was not accepted. What if I cover up my mistakes and tell the students why I can’t take the exam? Mr. Makino “I think there is a possibility that the amount of damage will be higher than a simple application mistake.” Q. Are there any past cases or precedents regarding the inability to take the entrance examination for the school of your choice due to a teacher’s mistake? Mr. Makino “In November 2019, a teacher at a public high school in Shiga Prefecture forgot to submit an application for a recommendation entrance examination for a private university, and there was a case where a student who was in the third year of high school at that time could not take the examination. I passed the general entrance examination of another private university and went on to school, but after that, the parents of the students requested compensation from the prefecture. In October 2021, the prefecture paid the former student about 1.9 million yen. We decided to settle the matter. Originally, the applicant should submit the entrance application responsibly at his / her own will. Even from an international perspective, the system itself in which the school manages the entrance application is rare. , Personally, I think this mechanism itself should be changed. “
Omicron, a new type of coronavirus While the number of new infections caused by strains has increased dramatically, high school and university entrance exams have begun in earnest. I think that there are many students who take the last spurt with the aim of passing the school of their choice. By the way, when taking high school exams or admissions recommended by universities, junior high school and high school teachers often submit student application documents to the school of their choice, but in the past the teachers forgot to submit the application. In some cases, students are no longer able to take the exam. If the teacher forgets to submit the application and cannot decide on a course, will the student be asked for compensation from the school? We asked Kazuo Makino, a lawyer at Shibasogo Law Office. [Table] Compensation of nearly 2 million yen … Main cases where the teacher forgot to submit the application
Necessary causal relationship of “pass if you apply”
Q. For high school exams and university recommended entrance exams , Is there any legal liability on the part of the school if the teacher fails to take the exam because he / she did not submit the application within the deadline? Mr. Makino “In civil terms, the teacher who is the user of the school has caused damage to the students and parents due to negligence, and the school may be held liable for the user under Article 715 of the Civil Code. On the other hand, there is no applicable law for criminal liability. “Q. If a wanderer is decided because he could not take the exam, or if all the villains are decided after failing the entrance exam, the preparatory school school fee and the next year’s exam fee, Is it possible to charge the school for a consolation fee? Mr. Makino: “Possible damages include mental damage that prevented you from taking the first choice, and damage that caused you to be forced into a ronin and required extra expenses. It is necessary to prove a causal relationship that would have passed without fail if it had been done. For example, in the case of a recommendation entrance examination, it is highly relevant, such as “the fact that all past recommenders have passed”. Evidence is required. “Q. If you cannot take the exam and decide to go on to the second choice or lower, and the entrance fee and tuition fee are higher than the school that you could not take the exam, you can charge the difference to the school you made a mistake. Can you do it? Mr. Makino “If you are expected to pass the exam, but you cannot apply to a public school and you enter a private school and there is a difference, you may be able to claim the difference as damage.” Q. Is it possible that an individual teacher who forgets to submit an application will be held liable? Mr. Makino “If you are entrusted to submit an application but do not submit it due to negligence (carelessness), you may be in violation of the quasi-delegation contract (Article 656 of the Civil Code), and at the same time, Article 709 of the Civil Code. It can also be a tort. If a causal relationship between an application error and the damage caused by it is proved, personal liability may be incurred. “Q. In the past, teachers When he forgot to submit the application, he explained to the students that the document was incomplete and was not accepted. What if I cover up my mistakes and tell the students why I can’t take the exam? Mr. Makino “I think there is a possibility that the amount of damage will be higher than a simple application mistake.” Q. Are there any past cases or precedents regarding the inability to take the entrance examination for the school of your choice due to a teacher’s mistake? Mr. Makino “In November 2019, a teacher at a public high school in Shiga Prefecture forgot to submit an application for a recommendation entrance examination for a private university, and there was a case where a student who was in the third year of high school at that time could not take the examination. I passed the general entrance examination of another private university and went on to school, but after that, the parents of the students requested compensation from the prefecture. In October 2021, the prefecture paid the former student about 1.9 million yen. We decided to settle the matter. Originally, the applicant should submit the entrance application responsibly at his / her own will. Even from an international perspective, the system itself in which the school manages the entrance application is rare. , Personally, I think this mechanism itself should be changed. “
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