[손해배상등][집17(1)민,199]
Acts and subordinate statutes applicable to illegal acts committed during the performance of duties of Accenture Company;
An accident that occurred during the course of performing official duties in the Republic of Korea by a member of the Korea War Veterans Organization (KTUSA) dispatched to the United States Armed Forces shall not be deemed to have occurred due to the failure to perform official duties in the Republic of Korea, barring special circumstances, and an accident that occurred during the course of performing official duties under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, and the United States Armed Forces in the Republic of Korea is an accident during the execution of official duties under Article 23 (5) of the Agreement between the Republic of Korea and the United States of America, and thus constitutes an illegal act under Article 2 of the Civil Special Act on the Facilities of the Agreement. However, Article 29 (1) of the Agreement and Article 23 (5) of the Agreement apply to the claim that occurred in the area of Seoul Special Metropolitan City by agreement under Article 23 (5) of the Agreement from August 10, 196
Article 2 of the State Compensation Act, Article XIII of the Agreement between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea under Article 4 of the Mutual Defense Treaty
Plaintiff 1 and one other
Korea
Seoul High Court Decision 68Na1043 delivered on November 8, 1968, Seoul High Court Decision 68Na1043 delivered on November 8, 1968
The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to Seoul High Court.
As to the grounds of appeal by Defendant Litigation Performers
The judgment below acknowledged that Non-Party 1, among Non-Party 2's headquarters 76 soldiers belonging to the Republic of Korea, had been on board the company belonging to the 1st century on April 17, 1967 and caused Non-Party 2 to die in Mapo-gu, Seoul and caused damages to the above non-Party 1 while driving the company, which had been on board the company located in Yeongdeungpo-gu, Seoul. The court below held that Non-Party 2 is liable for damages under the provisions of the State Compensation Act, since Non-Party 1 had been on the part of Non-Party 2's non-Party 3 to whom the above Special Act on Non-Party 3's Liability for Damages was concluded in the Republic of Korea on Non-Party 1's civil action since Non-Party 2's non-Party 3's non-Party 2's non-Party 5's non-party 1's non-party 1's non-party 2's non-party 5's non-party 2's non-party 1's non-party 2's non-party 3's non-party 9's.
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.
The presiding judge of the Supreme Court (Presiding Judge)