[손해배상청구사건][고집1972민(2),433]
The case holding that the State cannot be regarded as an accident which has operated an automobile for itself or a public official has caused the execution of his duties.
When a private soldier who is engaged in the security service other than a driver'sdo has caused an accident while driving his/her car by linking the scam scambling electric wires under the influence of alcohol, regardless of his/her duties, it cannot be deemed that a public official has occurred in the course of performing the national affairs or that the State has operated a motor vehicle for his/her own sake.
Article 3 of the Guarantee of Automobile Accident Compensation Act, Article 2 of the State Compensation Act
Plaintiff 1 and two others
Korea
Seoul Central District Court (70 Gohap6383) in the first instance trial
The original judgment has been revoked, and the plaintiffs' claims (including the expansion of claims according to the lawsuit system) corresponding thereto have been dismissed.
The plaintiffs' appeal (including the extension of the above claim) is dismissed.
All the costs of lawsuit are assessed against the plaintiffs in the first and second instances.
The defendant shall pay 6,919,578 won to the plaintiff 1, 2,366,529 won to the plaintiff 2, and 200,000 won to the plaintiff 3, and 5% interest per annum from January 11, 1969 to the day of full payment.
The judgment that the lawsuit costs should be borne by the defendant (the amendment of the purport of the lawsuit from the trial to the succession of the lawsuit due to the death of the plaintiff 1)
Plaintiffs: Judgment such as cancellation of original judgment and entry of purport of claim
Defendant: Judgment as per Disposition
In light of the above facts, Gap 3's evidence 2, Eul 9 to 12, and non-party 2's testimony of the court below that the defendant's act of operating the above 3 driver's license of the above non-party 3, the defendant's act of operating the above 9 driver's license of the above non-party 1 and the non-party 3's testimony and oral argument that the non-party 1's act of operating the above 9 driver's license of the above non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 9's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 3's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1'.
Judge Jeon Soo-chul (Presiding Judge)