Whether to apply the principle of ex officio transfer in the case of filing a lawsuit against the local government for the damages under the Guarantee of Automobile Accident Compensation Act.

Since the Guarantee of Automobile Accident Compensation Act is applied in preference to the State Compensation Act, if a local government is accused of damages under Article 3 of the Guarantee of Automobile Accident Compensation Act due to an automobile accident, it is difficult to make a decision of the Compensation Council.

Japwon et al., Counsel for the defendant-appellant and five others

Attorney Kim Chang-chul, Counsel for the defendant-appellant of Seoul Metropolitan Government

Seoul High Court Decision 74Na2283 delivered on April 16, 1975

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

Defendant 1 and Defendant 1’s attorney Kim Chang-soo

First of all, the decision of the court below on this case is unfair, but the court below's decision on this case is justified and there is no ground for appeal. The court below's decision on this case's safety defense is justified and there is no ground for appeal. The court below's decision on this case's safety defense is justified and there is no ground for appeal.

In addition, the court below's argument that the automobile accident in this case caused the victim's negligence to be offset against the negligence in the liability for damages against the same person is nothing more than it independently recognizes that there is no fault on the part of the victim in this case as legitimate by the court below, and it is not reasonable to argue that there is no ground to deduct the Class A labor income tax in this case, even though there is no basis to deduct the victim's negligence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by all participating judges.

Justices Lee Young-young (Presiding Justice)