[위자료][집18(3)민,169]
A driver should be deemed to be related to the performance of official duties even when he/she gets a driver to drive a vehicle that transports military supplies.
In order for a driver to acquire driving skills and skills of the driver while returning to the vehicle after transporting supplies, it is not easy to say that the nature of the vehicle operation is related to the execution of public duties even if the driver's vehicle is operated by him.
Article 2 of the State Compensation Act
Plaintiff 1 and six others
Korea
Seoul High Court Decision 69Na322 delivered on June 11, 1970, Seoul High Court Decision 69Na322 delivered on July 11, 1970
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal by the defendant litigant are examined.
According to the facts established by the court below, although non-party 1, who is a driver of the vehicle of this case, transported Class 1 goods to the 7th KAG on September 16, 1968 and requested non-party 2 to drive the vehicle to obtain driving skills from the same kind during the operation of the vehicle of this case, the non-party 2 is driving the vehicle of this case with a speed of about 20 % per hour and driving the vehicle of this case at about 17:30 meters per day, which is not a driver of the vehicle of this case. The non-party 1, who is a driver of the vehicle of this case, failed to perform his duty of care at the time of the operation of the vehicle of this case, is driving the vehicle of this case, or driving the vehicle of this case, which is not a driver of the vehicle of this case, with the intention of the non-party 1, who is a public official's duty of care at the time of the operation of the vehicle of this case. It is clear that the vehicle of this case or its related public duty is operated.
Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition.
Judge Han-dong (Presiding Judge) of the Supreme Court