손실보상등
1. Of the judgment of the court of first instance, the part against the Defendants, including selective joined claims for compensation for losses, is as follows.
1. Basic facts
A. The Plaintiffs are fishermen engaged in fisheries in the Republic of Korea-U.S., Chungcheongnam-gun, Chungcheongnam-do.
As the Agency for Defense Development (hereinafter “Defendant Agency”) was enacted on December 31, 1970 by Act No. 2258 on December 31, 1970, Defendant Agency for Defense Development (hereinafter “Defendant Agency”) is a corporation established on January 28, 1971, taking charge of technical surveys, research, development, and testing of weapons, equipment, and materials necessary for national defense, and the investigation, research, and testing of science and technology related thereto.
B. (1) In accordance with Article 13 of the former Agency for Defense Development Act (amended by Act No. 10215, Oct. 31, 2010; hereinafter “former Agency for Defense Development”), the Defendant research institute has a flag test site, a maritime test site, and an aviation test site. Since the establishment of a comprehensive test team to conduct technical tests, etc. on leading weapons and guns and ammunition around October 197, the Defendant research institute operated the “an integrated test site for promotion” in the Republic of Korea-U.S., Chungcheongnam-gun, Chungcheongnam-do.
(2) The Minister of National Defense, which is an administrative agency belonging to the defendant Republic of Korea, established the first marine shooting range (private distance 13Km) for gun and ammunition test (private distance 23 Km), the second marine shooting range (private distance 180 Km), the third marine shooting range (private distance 180 Km), the fourth marine shooting range for gun and ammunition test (private distance 35 Km) around 1981, the fourth marine shooting range (private distance 35 Km), the fifth marine shooting range for leading arms test (private distance 14 Km), the fifth marine shooting range for leading arms test (private distance 14 Km), around 194, around 1994, and the sixth marine shooting range (private distance 45 Km) for gun and ammunition test.
(hereinafter referred to as the “instant maritime shooting range” in all of the maritime shooting ranges established as above.
The defendant research institute's use of the marine shooting range of this case (1) continues to perform the performance test of guns, ammunitions, leading weapons, etc. in the above marine shooting range after the establishment of the marine shooting range of this case.