Whether the act of driving the vehicle is included in the act of execution of duties under Article 2 of the State Compensation Act in case where an accident occurs while the appointed staff member belonging to the U.S. military unit was operated in his office to leave his/her office to leave his/her office.

"A public official under Article 2 of the State Compensation Act, which applies under the Korea-U.S. Administrative Agreement, is responsible for performing his/her duties" means an act that is objectively shown within the scope of his/her duties or is closely related to his/her duties. Thus, the appointment officer of the U.S. military unit shall, in accordance with the order of the head of the unit to which he/she belongs, be deemed to have a close relation to the duties to carry out the order for the above business trip, since there was no official vehicle in the military unit, he/she directly lent his/her own vehicle in his/her own vehicle in his/her own vehicle, and if a traffic accident occurs while driving his/her vehicle while driving his/her vehicle while driving his/her vehicle in his/her place of duty due to the time he/she voluntarily lent his/her own vehicle in his/her own vehicle to the towing unit

Article 2 of the State Compensation Act

Kim Jong-ho et al., Counsel for the defendant-appellant

Korea

Seoul High Court Decision 86Na3355 decided April 9, 1987

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the Plaintiff’s attorney are examined.

1. According to the court below's decision, the court below rejected the plaintiffs' request for an official business trip to the camp site located in Sungnam-si in accordance with the order of the head of the unit affiliated with the 154 p.m. 4 p.m. of the 1984.12.4 p.m. in Korea as a whole based on the evidence adopted by the court below, where the non-party 1 was appointed as a staff member for the increase in the Republic of Korea belonging to the headquarters of the Republic of Korea of the 8th United States of America, the non-party 1 was a official business trip to the camp site located in Sungnam-si, Sungnam-si, the non-party 1 was directly driven by the non-party 1 Es. 6417 of his own car Seoul (S. 6417) from the non-party 1 who was in a special law for the purpose of transportation until the above business trip site, and it was impossible to return to the unit of the above camp site from 17:00, the non-party 1 was on official duty.

2. However, the "public official" under Article 2 of the State Compensation Act, which applies under the Korea-U.S. Administrative Agreement, should be interpreted as being forced to perform his duties within the scope of his duties or having close relations with his duties. In light of the facts duly admitted by the court below and the records, the non-party 1, who is a staff member of the U.S. military unit, takes a business trip to the military unit under the order of the head of the unit to which he belongs, but has no public vehicle in his usual friendship, he directly lent the vehicle to the U.S. military unit (the record obtained a driver's license under the Korea-U.S. Administrative Agreement) and operated the vehicle directly from the U.S. military personnel with his usual friendship, who was inevitable in the course of his duty (the non-party 1 had no permission from the head of the unit to which he belongs, and thus, the non-party 1's act of driving the vehicle is not closely related to the duty of the above public official and thus, it does not constitute an unlawful order of the above non-party 1.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Choi Jae-ho (Presiding Justice)