Main Issues
Even if a military driver's disease in the military is caused by an accident while driving the military vehicle for the purpose of amusement by changing the direction of operation to the civilian, the military driver's act of running the military vehicle can be seen as an act in the line of official duty or an act related thereto objectively.
Summary of Judgment
Even if a military driver's disease in the military is caused by an accident while driving the military vehicle for the purpose of amusement by changing the direction of operation to the civilian, the military driver's act of running the military vehicle can be seen as an act in the line of official duty or an act related thereto objectively.
[Reference Provisions]
Article 2 of the State Compensation Act
Reference Cases
Supreme Court Decision 67Da2046 Decided October 22, 1968, 68Da1442 Decided December 29, 1968
Plaintiff-Appellee
Plaintiff 1 and two others
Defendant-Appellant
Korea
Judgment of the lower court
Daegu District Court Decision 70Na274 delivered on July 29, 1970
Text
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Reasons
We examine the grounds of appeal by the Defendant’s litigation performer;
According to the facts duly admitted by the court below, the non-party 1, a driver of the 5th Army Command of the Army, asked the defendant to see that the non-party 2, a non-party 2, and one other belonging to the inspection department of the headquarters around 9:30 minutes of June 27, 1969, were driven by him, and the victim who is waiting for ratus from the location of the original city during ear-si, would be able to get the female up to the seat of the deceased non-party 3, the victim, who will be able to get the female up to the seat of the seat of the 5th Army headquarters. The non-party 1, a driver of the 5th Army Command of the 5th Army headquarters, and the non-party 2, a non-party 2, a non-party 2, and the non-party 4, a non-party 2, a non-party 2, a non-party 4, a non-party 2, a non-indicted 9, a non-party 2, a non-indicted 16.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
Justices Lee Young-young (Presiding Justice)