Main Issues
Enforcement of the jurisdiction of Article 715 of the Gu Residents Act of the Maritime Police Agency, which is the number of vehicles driving in the Maritime Police Agency.
Summary of Judgment
The so-called "any project" under Article 715 of the former Civil Code is merely a duty or duty, and it is interpreted that whether the project or duty is for profit-making or not, and that it is not for public service or office (the same as the performance of its duties under Article 2 of the State Compensation Act). It is interpreted to prevent an employee (public official) from engaging in the commercial act and to interpret that the act objectively is objectively recognized as belonging to the employer's business court.
[Reference Provisions]
Article 715 of the former Civil Code, Article 2 of the State Compensation Act
Plaintiff-Appellant
Man-si et al.
Defendant-Appellee
Korea
Judgment of the lower court
Seoul High Court Decision 58 civilian 1225 delivered on April 22, 1959, Seoul High Court Decision 2005Da1225 delivered on April 22, 1959
Reasons
The so-called "Project" under Article 715 of the Gu Residents Act is interpreted to mean that any matter or duty is excessive to the meaning of business and whether or not it is a profit-making business or is a public official, and in this article, "A person performing his duties" under Article 2 of the State Compensation Act is also the same as "A person performing his duties". In this case, it is interpreted that it is a case where an employee, a public official's legitimate act is prohibited and such act is objectively recognized as belonging to the employer's business scope. In this case, even though the court below confirmed that the non-party 1 was dead as a result of a sudden collision caused by a sudden collision caused by a occupational accident caused by the first class of the Marine Soldiers, the court below rejected the non-party 2's claim for consolation money against the non-party 1, a non-party 2's defendant's own act and the non-party 1's non-party 2's non-party 2's non-party 2's non-party 3's non-party 3.
Justices Lee Dong-sung (Presiding Justice)