[손해배상][집15(3)민,234]
Cases that cannot be deemed as tort occurred during the performance of official duties
If an accident occurs while driving a military vehicle to play without the consent of the person in charge of the performance of official duties, it is difficult to regard it as an accident caused in the course of performing official duties.
Article 2 of the State Compensation Act
Plaintiff 1 and one other
Korea
Seoul High Court Decision 66Na988 delivered on November 11, 1966, Seoul High Court Decision 66Na988 delivered on November 11, 1966
The judgment below is reversed, and the case is remanded to Seoul High Court.
The grounds of appeal by the Defendant Litigation Performers are examined.
The facts established by the judgment of the court of first instance, which the court below was used by the court below, are as follows. In other words, the non-party to the hospital affiliated with the 23th Army Army Hospital was the driver's disease of 3/4 tons under his control, and the non-party to the hospital affiliated with the 16:30 tons of the 3/4th class, which caused the accident to go to the rest center located in the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, Cheongyang-gun, Cheongyang-gun, and the non-party to the hospital affiliated with the 20:10th day, without the permission of the officers of the above rest center appointed at the above 20:10 on the same day, it is difficult to view that the non-party to the accident caused the accident to go to the plaintiffs and to go to the 19th day without the consent of the non-party to the accident (the non-party to the accident).
Therefore, the appeal is with merit, and the judgment of the court below is reversed, and the case is remanded to the Seoul High Court.
This decision is consistent with the opinions of the involved judges.
The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)