[손해배상][집16(3)민,270]
Where a member of the Central People's Republic of China is a failure, the case held that "at the time of the guarantee of the trade name" in Article 7 of the State Compensation Act shall be applied.
Article 188, Article 192, Article 197 of the Civil Code of the People's Republic of China provides that a foreigner's country shall compensate for property and mental damage caused by a tort in the course of performing his/her duties. Therefore, it is limited to the case where a so-called foreigner under this Article is a victim of a victim between the China and the Republic of Korea.
Article 7 of the State Compensation Act
Plaintiff 1 and two others
Korea
Busan High Court Decision 68Na109 delivered on August 28, 1968, Busan High Court Decision 68Na109 delivered on August 28, 1968
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's grounds of appeal are examined.
According to the fact-finding report of the Minister of Foreign Affairs bound in the records cited by the court below, it can be recognized that Article 188, Article 192, and Article 197 of Part II of the Civil Code of the People's Republic of China provides that foreigners shall compensate for property and mental damage caused by illegal acts in the course of performing their duties against the country of foreign citizens, so the court below is justified to recognize that the so-called foreigner's mutual guarantee exists in the case where the so-called foreigner is a victim under Article 7 of the State Compensation Act between the Republic of Korea and the Republic of Korea in consideration of the contents of the fact-finding reply and the friendly treaty between
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
Justices of the Supreme Court (Presiding Judge) Na-dong (Presiding Judge)