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대법원 1966. 9. 27. 선고 66다1297 판결
[손해배상][집14(3)민,105]
Main Issues

01. State compensation liability for illegal acts of the Korean armed forces dispatched to the United States armed forces;

Summary of Judgment

01. The application of the Farmland Reform Act may not be excluded in the event that farmland which became yellow-free at the time of the enforcement of the Farmland Reform Act can be used in the farm land.

Reference Cases

Supreme Court Decision 66Da737 Delivered on June 28, 1966

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Korea

Judgment of the lower court

Seoul High Court Decision 65Na2504 delivered on May 27, 1966

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Defendant ○○○○’s ground of appeal

However, even if a soldier of the Republic of Korea was dispatched to a military unit stationed in the Republic of Korea and performed official duties under the direction of the U.S. military, his duties are considered to be in the nature of his official duties as a Korean public official (Supreme Court Decision 66Da737 delivered on June 28, 66). Thus, the judgment of the court below to the same purport is just, and its decision is not yet effective, and there is no argument that the court below criticizes the original judgment on the premise of the draft of the Korea-U.S. Administrative Agreement, which is merely a negotiation between the Republic of Korea and the United States.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Justices Hong Ma-min (Presiding Justice)

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심급 사건
- 서울고등법원 1966.5.27.선고 65나2504