[손해배상][집17(1)민,314]
The case where it cannot be seen as an act caused in the performance of official duties in the event of a firearms breakdown.
Military personnel's act of deviating from the shooting range without the commander's instruction or permission is an illegal act and is not an act of performing official duties.
Article 3 of the State Compensation Act
Plaintiff 1 and two others
Korea
Seoul High Court Decision 67Na2115 delivered on December 3, 1968, Seoul High Court Decision 67Na2115 delivered on December 3, 1968
The part against the defendant in the original judgment shall be reversed, and this part shall be remanded to the Seoul High Court.
The grounds of appeal by the defendant 1 are examined as follows. The reasons for appeal by the court of first instance cited by the court below as to the reasons why the plaintiff 1 suffered from the accident of this case's firearms are as follows. In other words, the defendant 1 was urged from 10:00 on December 17, 1966 to 10, and the non-party 1 went into the combat support company shooting range to which he belongs, and 30 soldiers were on duty. Before the control officer arrives, the non-party 1 Byung had already completed three shootings, and the non-party 1 Byung (the plaintiff in this case) was urged to get the defendant 1 Byung (the plaintiff in this case) who was the victim to get off the field shooting, and the non-party 1 Byung had the victim 60 meters away from the north 80 meters away from the shooting range, and the non-party 1 had the victim's 2 were installed with the defendant 1 Byung-man's 1 and the plaintiff 1 Byung-man's 2 were installed with the defendant 2.
However, Article 42 subparag. 4 of the Rules of an association to which the above soldier belongs provides that "the above soldier shall not charge or manipulate a gun without the control officer's order in the shooting range". If so, it is necessary to judge whether the Nonparty and the victim, who were the perpetrator, obtained permission of the shooting controller to conduct the shooting shooting outside the shooting training place. If such permission without any permission, it is necessary to find out whether the act of Plaintiff 1's act constitutes an erroneous act. In this case, the act of Plaintiff 1 who induced the above act can not be deemed to be an act of causing the performance of official duties. In this respect, the judgment below erred in the misapprehension of the legal principles on the performance of official duties due to insufficient deliberation.
Accordingly, the part of the judgment of the court below against the defendant shall be reversed, and that part shall be remanded to the Seoul High Court. This decision is delivered with the assent of all participating judges.
The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet