The meaning of "other persons" under the State Compensation Act where the head of a local government causes damage to the State in the course of performing national administrative affairs delegated by the State.

Where the head of a local government delegates the State administrative affairs to an agency that is delegated by the State, the head of the local government is a state agency and the head of the local government is responsible for the delegated administrative affairs, so even if the State suffers any damage due to the negligence of its personnel in carrying out family planning projects delegated by the State,

Article 2 of the State Compensation Act, Articles 4 and 39(1) of the Government Organization Act, Article 102 of the Local Autonomy Act

The legal representative of the Republic of Korea shall be the election of the litigation performer who is appointed by the Minister of Justice.

[Defendant-Appellee] Cho Nam-do, Counsel for defendant-appellee

Daejeon District Court Decision 79Na251 delivered on June 5, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

According to Article 39 (1) of the Government Organization Act, affairs concerning family planning are state administrative affairs under the control of the Minister of Health and Welfare, and according to Article 4 of the above Act and Article 102 of the Local Autonomy Act, these affairs may be delegated to the head of the local government, and in such cases, the head of the local government, as so-called delegation of authority, shall be deemed to be the head of the local government who is engaged in the delegated affairs,

Therefore, although the accident of this case occurred due to the negligence of the non-party assistant's leader who is under the direction and supervision of the defendant, it was caused by the execution of the family planning project, which is the national administrative affairs delegated by the plaintiff, so even if the plaintiff suffered damage from the accident of this case, the plaintiff cannot be deemed to belong to the "other person" as provided by the State Compensation Act, and the measure of rejecting the plaintiff's claim for damages is justifiable, and there is no violation of law of misunderstanding legal principles such as the theory of lawsuit (Supreme Court Decision 79Da817 delivered on July 24, 1979, which points out the debate,

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

Justices Kim Yong-chul (Presiding Justice)