State liability where a specific tortfeasor is not specified;

In filing a claim for damages under the State Compensation Act, unless the offender is specified specifically, it shall not affect the State's liability for damages unless the illegal act which causes damages was committed by public officials.

Article 2 of the State Compensation Act

Plaintiff 1 and one other

Countries

Seoul District Court of First Instance (66A1219)

Supreme Court Decision 67Da1631 Decided October 12, 1967

(1) Of the original judgment, the part against the defendant, among the original judgment, which exceeds the amount of 286,065 won, 143,033 won, and 5 percent per annum from May 16, 1963 to the full payment system, shall be revoked.

(2) The plaintiffs' claims against the above part are dismissed.

(3) The total costs of the lawsuit are three minutes, which are assessed against the plaintiffs, and the remainder is assessed against the defendant.

(4) In the judgment of the court below, Plaintiff 1 and Plaintiff 2, 73,033 and each of them are entitled to provisional execution on the part of the court below's judgment with an annual rate of 5% from May 16, 1963 to full payment.

The Attorney of the Plaintiff (Appellant) shall:

The defendant shall pay 334,359 won to the plaintiff 1, 207,179 won to the plaintiff 2, and 5% interest per annum from May 16, 1963 to the full payment.

The judgment that the costs of lawsuit shall be borne by the defendant and the declaration of provisional execution were sought.

Defendant (Appellant) A litigation performer shall:

The part against the defendant in the original judgment shall be revoked.

The plaintiffs' claims are dismissed.

The court costs were assessed against all the plaintiffs in the first and second instances.

(1) On May 15, 1963, a party member was ordered to transport stones required for the “fact” work on the part 4cc and facs (CP) from his own rank on the same ground as the original judgment and 1,100 metric 2 and 1/2 ton of 100 (A) from his own rank on the 4cc and 16.45 cc and 419 (CP) from his own rank on the 16.45 cc and 16.45 cc and 45 cc and 419 (a) from his own rank on the 4cc and facs in the order of the non-party 2 from his own rank on the 16.45 cc and facs (CP) from his own rank on the part of the above fac unit on the fac unit on the part of the above fac unit on the part of the above fac unit on the part of the deceased.

(2) Although the defendant's litigation performer asserts that this accident is not specified as a tort, so long as the tort which causes damages under the State Compensation Act is found to have been committed by a public official, it shall not affect the defendant's liability for damages even if the perpetrator is not specified. However, in this case, the defendant's above assertion is acknowledged by the original judgment cited above as a military commander or a soldier who was engaged in mine removal operations in the area where the accident occurred. Thus, the defendant's above assertion cannot be accepted.

If so, the defendant is responsible for compensating for the damages caused by the above illegal act as prescribed by the State Compensation Act.

(3) Loss

Furthermore, we examine the damages suffered by the plaintiffs due to the above accident.

(a) Loss of import

In full view of the statements in Gap evidence 1-1 (No. 2), evidence 2 (Simplified Life Table), and evidence 7 (S.), and testimony of non-party 4 of the court below, the deceased non-party 1 as a man with ordinary health chain of 21 years and 4 months (1942 January 18, 194) at the time of this accident, whose average life expectancy 41.74 years is 41.74 years, unless there are special circumstances to recognize that he had been killed in the military on May 15, 1961, he completed military service within the scope of 24 years after he was discharged from Korea (the plaintiff's assertion) and until 532 years of age with pride in general labor ability as a worker in agricultural villages, and that he could continue to obtain the wage per day for at least 21 years until 55 years of age, and that he could not be found to have been able to have a dispute over the above facts as evidence 1, 224 years and 30 days of his wage per day.

Thus, if Non-party 1 did not die of the accident, he/she shall obtain the income of 36,600 won (122 x 300) every year for the above 32 years, and from among them, he/she shall have consumed 14,640 won equivalent to 40 percent of the living expenses, and could have continuously obtained the net income of 21,960 won after deducting the living expenses from the above income. Thus, as of the time of the accident, Non-party 1 shall temporarily seek to obtain the income continuously for 32 years after 32 years (the period from the accident to the time of the accident until the time of the employment by Non-party 1 becoming 24 years old) since it is calculated by the method of calculating the intermediate interest rate of 5 percent per annum, it shall be 377,413 won (hereinafter referred to as "B forest").

However, the lower court recognized the above amount of loss of import as KRW 339,098, and the Plaintiffs did not appeal or file an incidental appeal against it, and the party members also cannot recognize the above amount of loss of import as KRW 339,098 within the scope of the lower judgment.

Therefore, at the time of death, Nonparty 1 had the right to claim damages of KRW 339,098 against the Defendant, and Plaintiff 2, his mother, Plaintiff 1, and Nonparty 2, his mother, the plaintiff 1, had the right to claim damages of KRW 226,065, and KRW 113,03,03, respectively, against the Defendant based on his share of inheritance.

(B) Consolation money

The plaintiff 1 and 2 are parents of the non-party 1 who suffered a large amount of mental pain due to the death of the non-party 1, and the consolation money is recognized as a reasonable amount of KRW 60,000 for the plaintiff 1 and KRW 30,000 for the plaintiff 2 in light of all the circumstances such as property level, etc. with the non-party 1 (the plaintiff 2 is the mother of the non-party 1) in this case.

(4) Conclusion

Thus, the defendant is obligated to pay to the plaintiff 1 the amount of 286,065 won and the amount of 143,033 won and damages for delay at the rate of 5% per annum from May 16, 1963 to the full payment system, the following day after the occurrence of the tort by the plaintiffs. Thus, the plaintiffs' claims for the principal lawsuit are justified within the above limit, and the remainder is just and dismissed. Since the original judgment cited above the above limit among the plaintiffs' claims, the above part shall be revoked pursuant to Article 386 of the Civil Procedure Act, and the plaintiffs' claims for the above part shall be dismissed. With respect to the bearing of the costs of lawsuit, Articles 96, 93, 92, and 89 of the Civil Procedure Act and Article 199 of the Provisional Execution Act shall be applied to the declaration of provisional execution.

Judges Park Jong-su (Presiding Judge)