A soldier is a military vehicle accident.In the event of death, the State compensation relationship.
Summary of Judgment
It is reasonable to view that "other persons" provided for in Paragraph 1 of Article 2 of the State Compensation Act (Li.e., Law No. 231, Sept. 8, 51) is a soldier engaged in military service, such as this case.
Article 2 of the State Compensation Act, Article 752 of the Civil Act
Plaintiff 1 and two others
Judgment of the lower court
Daejeon District Court Decision 65Na2777 delivered on June 29, 1966, Daejeon High Court Decision 65Na2777 delivered on June 29, 1966
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal by the defendant Kim Sung-sung are examined.
The summary of the arguments is as follows. In other words, the victim non-party 1, the victim, was a soldier at the time of the death of the military accident in this case. If the soldier is in a special power relationship with the State because of the soldier's performance of the duty of national defense, and the above non-party 1, the deceased's failure to take advantage of the transportation vehicle, which is a military operation order, belongs to the superior position to the deceased. Therefore, the State is in a superior position to the above deceased. As such, it is the purport that the soldier in a special power relation such as the performance of the duty of national defense can not be said to be a third party against the State, but the Civil Code or the State Compensation Act can not be applied. However, the "other person" as provided in Article 2 (1) of the State Compensation Act is reasonable to view that the "party" is a soldier engaged in military service, such as this case, and therefore, it cannot be employed, and therefore, it is not reasonable to apply the legal principles of the Civil Code or the State Compensation Act.
The court below is justified to apply the legal principles on the State Compensation Act to the death of deceased non-party 1 as a view as a member, and to accept part of the claim for damages as to the plaintiffs who are their property successors.
Therefore, the arguments are dismissed as it is groundless, and the costs of appeal are assessed against the losing party.
This decision is consistent with the opinions of the involved judges.
The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.
- 국가배상법 제2조 (위헌조문)
- 민법 제752조 (위헌조문)