Whether the application for compensation to the military as the other party is judged to satisfy the requirements for the transfer of compensation in a case where the decision of compensation has been made erroneously by the Do Board of Education.

Even if the compensation deliberation committee under Article 9 of the State Compensation Act erroneously states the other party to the application for compensation as the Gun educational committee, if the accident is specified because the date, time, place, circumstances, and personal information of the victim are stated, and the contents of the accident are specified, and the decision to pay compensation to the competent compensation deliberation committee is made accordingly, it shall be deemed that the application for compensation deliberation committee under Article 9

Article 9 of the State Compensation Act

Having Power:

Ansan-dong Group

Daegu District Court of First Instance (74Gahap150 delivered on July 1, 200)

The original judgment shall be revoked.

The instant case is remanded to the Daegu District Court within the jurisdiction of Dong-dong.

The defendant shall pay to the plaintiff 5,472,465 won with 5% interest per annum from December 4, 1972 to the full payment.

The costs of lawsuit shall be assessed against the defendant and provisional execution.

The original judgment is the same as the cancellation and claim of the original judgment.

According to the reasoning of the original judgment, the court below held that the lawsuit claiming damages of this case filed against the plaintiff against the defendant was unlawful in failing to meet the requirements for the transfer of compensation under Article 9 of the State Compensation Act and dismissed the lawsuit of this case, on the ground that the plaintiff was determined to pay compensation with the respondent of the committee of education of Gyeong-dong as the Respondent, although the plaintiff had been decided to pay compensation with the defendant as the Respondent, or that the lawsuit of this case was not brought after three months have passed since the application for compensation was filed.

However, although the decision of the Compensation Deliberation Committee under Article 9 of the State Compensation Act was erroneous in the identity of the tortfeasor, if the accident is specified by the time, place, circumstance, personal information of the victim, etc. of the accident, and the decision of the Compensation Deliberation Committee under its jurisdiction is issued accordingly, it shall be deemed to meet the requirements for the transfer under Article 9 of the same Act. This is obvious in light of the purport of Article 19(1) of the same Enforcement Decree, which does not require the identity of the perpetrator to be indicated in the application form under Article 19(1) of the same Enforcement Decree. Thus, according to the evidence No. 8-1 and No. 2 of the evidence No. 8-2 of the same Enforcement Decree, the decision of the Compensation Deliberation Committee established by the Gyeongbuk-do Board of Education as the perpetrator shall be deemed to be the Defendant Dong-gun, even if the case was found to be the date, place, cause, and recognition of the victim of the accident. Thus, this case cannot be deemed to meet the requirements for the transfer of compensation under Article 9 of the State Compensation Act.

Therefore, since the original judgment which dismissed the instant lawsuit on account of its illegality is unfair, it shall be revoked by Article 388 of the Civil Procedure Act, and the instant case shall be remanded to the Daegu District Court Branch, the original court, and it is so decided as per Disposition.

Judge Lee Jong-dae (Presiding Judge)