[위자료][집14(3)민,070]
The case holding that it is not related to a public official's act
A soldier’s leaving his/her military vehicle or leaving his/her military camp to rest after completing military service cannot be deemed to be related to his/her duties, and such act cannot be deemed as an act of a soldier’s duty in appearance, and it cannot be deemed that such act is closely related to a soldier’s duty.
Article 2 of the State Compensation Act
Plaintiff et al.
Countries
Seoul High Court Decision 65Na595 delivered on June 10, 1966, Seoul High Court Decision 65Na595 delivered on July 10, 196
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
We examine the Plaintiffs’ agent’ ground of appeal No. 1.
According to the arguments, even if a soldier leads a vehicle in the military to drink alcohol, he/she shall work in the military unit and drink for rest to recover from the path. Therefore, this act asserts that it is a series of acts in the military unit.
However, it cannot be deemed that leaving a vehicle within the military room to take any rest in order to drink, it is related to the soldier’s duty. In addition, it cannot be deemed that the above act is closely related to the soldier’s duty. In appearance, it is difficult to see that the soldier’s duty is the soldier’s duty. According to the facts established by the court below, Nonparty 1, who visited Nonparty 2, etc., a civilian who visited himself, was inside and outside the military room to drink alcohol, and caused the death of Nonparty 2. For this reason, the Plaintiffs claiming consolation money for this reason, and in this case, Nonparty 1, who is the parent of the deceased, who is a public official, did not have any damage to another person (see, e.g., e., Supreme Court Decision 200Do4288, Apr. 2, 2008).
Accordingly, this appeal is dismissed in entirety by the assent of all participating judges, and the costs of appeal are assessed against the losing parties.
The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.