Volunteer Fire fighters' illegal acts and state compensation;

A. A volunteer fire brigade established in a Si/Eup by the method of action cannot be a state agency. Thus, the State is not liable to compensate for a tort committed by its members in the course of performing their duties.

B. A volunteer fire brigade established in a Si/Myeon pursuant to Article 40 of the former Fire Services Act (Act No. 485, Mar. 11, 58) shall not be a State agency, but the State shall not be liable to compensate for the illegal acts committed by its members in the course of performing their duties.

Article 2 of the State Compensation Act

Supreme Court Decision 63Da467 Decided December 12, 1963 Supreme Court Decision 65Da339 Decided June 29, 1965 Supreme Court Decision 66Da808 Decided June 28, 1966

Plaintiff 1 and two others

Countries

Seoul High Court Decision 65Na2168 delivered on June 22, 1966

Of the original judgment, the part against the defendant is reversed.

The case is remanded to Seoul High Court.

The defendant's attorney's grounds of appeal are examined.

The Si (including Seoul Special Metropolitan City) which is a local government shall not be deemed to be a government agency with the volunteer fire brigade established to assist the fire-fighting or the flood control of the chief of the fire station in accordance with the provisions of Article 40 of the Fire Services Act, and shall not be deemed to be an agency under the order of the head of the fire station, and shall not be deemed to be an agency under the order of the Eup (see Supreme Court Decision 63Da467 delivered on December 12, 1963). However, if it is deemed that the organization has an agency to appoint its representative and make decisions, it can be deemed to be an unincorporated association itself. (See Supreme Court Decision 65Da339 delivered on June 29, 1965) The opinion expressed in the precedents of the party members is that the volunteer fire fighter was appointed by the chief of the fire station who is a national public official, and the fire fighting or flood control and the fire fighter's duties incidental thereto shall be deemed to be paid by the State during the performance of his duties, even if it was injured or dead.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman