[손해배상][집15(3)민,028]
The amended State Compensation Act promulgated on March 3, 1967 does not apply retroactively to the previous tort.
Article 3 (5) of the former State Compensation Act (Act No. 1899, Mar. 3, 677) cannot be applied retroactively to illegal acts prior to the enforcement of the Act.
Article 3(5) of the amended State Compensation Act
Plaintiff 1 and six others
Korea
Busan District Court Decision 66Na461 delivered on April 28, 1967
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal by Defendant ○○○○ is examined.
It is essential for the court below to determine that this case's tort occurred in February 4, 1966. Since Article 3 (5) of the amended State Compensation Act (the promulgation of March 3, 1967) cannot be applied retroactively to the date of the accident, there is no reason to discuss the appeal.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Na-dong and Do-dong Do-won Round