Where it should be deemed that it falls under "other person" provided for in Article 2 of the State Compensation Act.

Even if there was an accident during the plaintiff's performance of official duties, so long as it is not an act of participating in this case's tort, the plaintiff also constitutes "other person" under Article 2 of the State Compensation Act (Law No. 231, Sep. 8, 519).

Article 2 of the State Compensation Act

Plaintiff 1 and one other

Korea

Seoul High Court Decision 65Na2650 delivered on July 26, 1966

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the grounds of appeal by Defendant Litigation Performers:

In addition, even if there was an accident in the course of performing official duties, the plaintiff's performance of official duties was not an act of participation in the tort on the merits of this case, so long as the original judgment was based on the original judgment, the plaintiff also constitutes another person under Article 2 of the State Compensation Act.

The issue is groundless.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)