The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

The grounds of appeal are examined.

1. The lower court determined that the Defendant’s liability for damages was recognized due to the act of mistakenly selecting the Plaintiff as military scholarship students on the ground that the person in charge of the selection of military scholarship students belonging to the Defendant had a duty under the good faith principle to inspect the blood plate value at the time of the physical examination for the selection of military scholarship students

In other words, on December 30, 2009, at the time of the physical examination for the selection of military scholarship students, the Plaintiff appears to have been under normal values, and thus, as a person in charge of the Defendant’s position, he/she is obligated to discover it in advance through the blood plate test at the time and thereby not select the Plaintiff as a military scholarship student. In violation of such duty, the Plaintiff selected the Plaintiff as a military scholarship student without undergoing the blood plate test, and then subsequently selected the Plaintiff as a military scholarship student by wrong selection of the Plaintiff as a military scholarship student on the ground that the Plaintiff was removed from the military scholarship student for this reason, thereby hindering the Plaintiff’s career decision. Thus, the purport of this act by the person in charge of the Defendant’s position is that the requirements of Article 2(1) of the State Compensation Act are satisfied.

2. However, the lower court’s determination is difficult to accept for the following reasons.

First of all, I examine the contents and purpose of the laws related to the selection of military scholarship students.

The former Military Personnel Management Act was amended by Act No. 10703, May 24, 2011.

(a) The same shall apply;

Article 62(1) of the Act provides that “The Minister of National Defense may, if deemed necessary to secure excellent military personnel, select students from schools at various levels established by the Higher Education Act, etc. who wish to be appointed as officers as military scholarship students and then allow them to serve as officers after graduation from schools.” Article 62(3) of the Act provides that “The matters necessary for the cancellation of selection of military scholarship students shall be prescribed by Presidential Decree.” Accordingly, the former Military Scholarship Regulations (amended by Presidential Decree, Jul. 2, 201) (amended by Presidential Decree.