Whether a soldier's accident that occurred in the course of his/her heavy rest after the participation in the training is "accident that is caused by the discharge of his/her duties"

A military personnel who participated in a training with firearms but was able to rest in the lock-out of the eardo, shall be deemed to have occurred when the public official is in need of performing his/her duties from an objective point of view.

Article 2 of the State Compensation Act

(1) The plaintiff 2 (2) Gi-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-Si-S

The Minister of Justice of the Republic of Korea’s legal representative, from among the representatives of the Republic of Korea’s legal representatives, the Minister of Justice’s full-time and south of the litigation performer, the stalton

Seoul High Court Decision 77Na2878 delivered on March 30, 1978

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment of the court of first instance cited by the court below, the court below determined that the non-party 10 seconds belonging to the 8116 unit 10 unit 10 unit 3 unit 10 unit 10 unit 10 unit 10 unit 10 unit 1 unit 1, the non-party 15 unit 15 unit 15 unit 15 unit 15 unit 10 unit 10 unit 10 unit 10 unit 3 unit 1976 unit 10 unit 1 and unit 15 unit 1 unit 3 unit 3 unit 10 unit 1 unit 1, and the non-party 1 unit 10 unit 1 unit 3 unit 10 unit 1 and unit 10 unit 1 unit 3 unit 8 unit 8 unit 1, and the non-party 1 unit 10 unit 3 unit 1 with the duty of care of care of the non-party 1 unit 3 unit 2000 unit 2000 unit kkkne.

In light of the purport of Article 2 (1) of the State Compensation Act, the phrase "to be responsible for the performance of duties" is that the act is deemed an act performed by a public official regardless of the actor's subjective intent when the external appearance of a public official's act is objectively observed and seen as an act performed by a public official. Thus, even though the accident occurred in the country as stated in its reasoning, even though the accident occurred in multiple times as stated in its reasoning, the non-party's small carrying was necessary for the boundary in the performance of official duties as stated in its reasoning, and it was an accident that occurred during the time when the person completed training and was temporarily in office and was temporarily in office, the non-party's small carrying should be deemed an act performed by a public official. Accordingly, the court below's decision to the same purport is just and there is no error of law by misapprehending the legal principles of Article 2 (1) of the State Compensation Act. The argument is without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-hee (Presiding Justice)