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The defendant's appeal is dismissed.
The order for compensation by the court below shall be revoked.
The request of the applicant for compensation shall be dismissed.
Reasons
1. The reason for appeal is that the victim intentionally extracted the arms, but the defendant did not incur an injury to the victim by failing to perform his/her duty of care.
2. Determination
A. Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Proceedings for Determination as to the portion of an order for compensation ought to be dismissed by ruling where it is deemed unreasonable to issue an order for compensation.
Article 25 (3) 3 of the same Act provides that "where the existence or scope of the defendant's liability for compensation is not clear, the order for compensation shall not be issued.
"........"
In this case, in light of the circumstance and contents of the victim's injury, it is necessary to determine the amount of damage compensation according to the victim's fault or scope, and the defendant's damage compensation liability against the defendant's petitioner constitutes a case where its existence or scope is not clear. Thus, the order for compensation by the court below is an incidental law.
B. The lower court’s determination as to the assertion of factual mistake is based on the evidence duly adopted and examined as follows: (i) the Defendant automatically closed the rear door from the driver’s seat to start the vehicle while opening the back door of his driver’s seat, and (ii) the Defendant did not confirm the existence of dangerous factors, such as the back door closed until the rear door is completely closed; (iii) the above rear door was closed and the part of the part of the victim’s left part was put in the back door and the part of the victim’s left part was put in the back door; and (iv) the Defendant was driving the vehicle by leaving the back door to deduct the victim’s arms and operated the vehicle; and (v) according to the video data submitted by the Defendant, the lower part is closed by automatic text.