Whether a military secretary, who is the commander of the reserve forces, is liable to compensate for an accident caused by the operation of another reserve forces on the back of the lower part of the lower part of his own territory in order to attend the meetings of the headquarters of the headquarters of the headquarters of the reserve forces (negative)

In order for a military officer, who is in office as the commander of the reserve forces, to attend the working group of the reserve forces held by the headquarters of the headquarters of the headquarters of the headquarters of the headquarters of the headquarters to which he belongs, an accident occurred by having him enter the register of the reserve forces belonging to the same association and leaving the register of the reserve forces belonging to the same association. If the above officer of the military service, who is in office, was employed by his personal work from the former, and the military unit belonging to the above officer did not particularly participate in the use or management of the reserve forces or give instructions, he cannot be deemed as belonging to the scope of his duties, and it cannot be deemed as an act closely related to his duties objectively.

Article 2 of the State Compensation Act, Article 3 of the Guarantee of Automobile Accident Compensation Act

Law Firm Han Fire & Marine Insurance Co., Ltd., Counsel for the defendant-appellant-appellant

Korea

Seoul High Court Decision 89Na3479 delivered on March 13, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below acknowledged that the non-party 1, who is a military official belonging to the 5th KINE 171 of the Army, was discharged from the office as the head of the Dong-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-si's office on the date of the accident. The back of the 13:0 of the 13:0 on the day of the accident, the non-party 1, who is his own owner, was carrying the non-party 1, who is the head of the reserve forces belonging to the same association, and operated the non-party 2, who was using the above 1,000 personal work, and the above 3th of the 19th of the 19th of the 2nd of the 19th of the 19th of the 2nd of the 19th of the 2nd of the 3th of the 2nd of the 1.

In the end, there is no argument that the lower court erred by misapprehending the legal principles on the law of the act of performing official duties under Article 2 (1) of the State Compensation Act.

2. In this case where the execution of duties under the above provision of Article 2 (1) of the same Act is not recognized, there is no need for further review as to whether the case constitutes "when a person is entitled to compensation under other Acts and subordinate statutes". Thus, even if the court below did not examine this, it is not erroneous in the incomplete hearing as pointed out, and therefore, the issue of this case is groundless.

Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)