Main Issues
It is difficult to regard the performance of official duties even by the guest of the act in the supervision of the actor;
Summary of Judgment
In case where a gun under custody after having a gun under custody from the head of the affiliated building register causes the death of a person under command of the other party due to an error, it cannot be said that it is an accident during the performance of official duties.
[Reference Provisions]
Article 2 of the State Compensation Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Korea
Judgment of the lower court
Seoul High Court Decision 66Na1360 delivered on May 24, 1967, Seoul High Court Decision 66Na1360 delivered on May 24, 1967
Text
The part of the defendant's complaint among the original judgment shall be reversed.
The case is remanded to Seoul High Court.
Reasons
We examine the grounds of appeal by the Defendant Scare Park.
According to the facts established by the court below, when the non-party 1 belonging to the second main office of the second main office of the defendant Jong-gu, the second main office of the second main office of the defendant Byung-gu, was under custody order issued by the non-party 2, who was the commander of the second main office of the second main office of the second main office of the second main office of the court below, left the shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot s.
[Judgment of the Supreme Court (Presiding Judge) Na-dong and Do-dong Do-won Round