Main Issues

Military personnel's accident and performance of duties caused by each other between dynamics;

Summary of Judgment

The accident caused by a soldier's booms between the club dues can not be considered as an accident caused by military service execution, even if the accident occurred in the time of meal service, and can not be seen as an act of performing duties as a soldier or an act related to it.

[Reference Provisions]

Article 2 of the State Compensation Act

Plaintiff and appellant

Plaintiff 1 and two others

Defendant, Appellant

Korea

Judgment of the lower court

Seoul Central District Court (71 Gohap7310) in the first instance trial

Text

The plaintiffs' appeal is dismissed.

Purport of claim

The defendant shall pay 482,206 won per annum to the plaintiff 1 and 2, 1,446,618 won per annum to the plaintiff 3, and 5% interest per annum from July 19, 1971 to the day of full payment.

Purport of appeal

Judgment identical with the cancellation of the original judgment and the purport of the claim

Reasons

In light of the contents of evidence Nos. 3 through 5 without dispute, it can be determined that the above non-party Nos. 1 was killed or wounded in the military, and the non-party Nos. 1, 60 of the 20th 6th YY, and the non-party Nos. 1, 6 of the 197 L. 18, 16:50 of the 197 military meal service in the same military kitchen, and the non-party No. 2, who is the non-party Nos. 3 and 3 of the same military unit, caused the accident to the non-party No. 3 of the same military unit, and the defendant's non-party Nos. 1, 3 of the 197 military meal service to the non-party No. 2, who is the non-party No. 3 of the above military officer's office. Thus, the defendant's non-party No. 1, who is the non-party No. 1, cannot be viewed as an accident to be objectively related to the plaintiff No. 1's. 3's.