Cases where there is an error of misapprehending the legal principles of performing duties;

If a soldier carrying a gun with a gun with a gun in compliance with the patrol order issued by the commander of the unit to which he/she belongs, and the victim of the person withdrawing the gun with a gun carrying a gun inside the gun and drinking alcohol is apprehended to have a gun accident, he/she cannot be said to have been subject to an accident resulting in the death of the victim due to the misunderstanding.

Article 2 of the State Compensation Act

Plaintiff 1 and four others

Korea

Seoul High Court Decision 66Na3313 delivered on November 16, 1967, Seoul High Court Decision 66Na3313 delivered on November 16, 1967

The part against the defendant in the original judgment shall be reversed, and that part of the case shall be remanded to Seoul High Court.

Defendant 1’s ground of appeal No. 1

On November 1, 1965, the original judgment recognized the non-party 1, who was on duty as the presiding official of the Army No. 507 counter 2, was on duty. The non-party 1, who was on duty, was on duty and was on duty in D) 101 operations from the head of the unit to which he belongs, and carried on 7 gun guns at around 4.5 m. and carried on the patrol duty, as 6.30 p.m. and 4.5 p.m. police officers around 6.30 p.m. on the same day, and the non-party 1, who was on duty at night, was on duty at the victim 1,00 p.m. 10 p.m. on the same day and caused the non-party 1, who was on duty, to carry the non-party 1's gun 1,000 p.m. and to carry the non-party 2's gun 1,000 p.m. on the same day.

However, even if Nonparty 1 received patrol from the head of the unit to which he belongs, it cannot be deemed that, regardless of his duties, in case where: (a) Nonparty 1 was ordered by Nonparty 1, regardless of his duties, he spawn the windows of the pistols and spawnsing the spawns with the spawn at his own house; and (b) Nonparty 2, the victim, who was aware of Nonparty 1, who satising the spawn with the spawn with the spawn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spathn with the spath; (c.)

Therefore, the above part of the case is remanded to the Seoul High Court, and it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro