Main Issues
It cannot be deemed that the act at the time of the accident caused by the firearms of the perpetrator is related to the performance of public duties.
Summary of Judgment
In the military unit, a subordinate shall obey to his/her superior, and even if his/her superior may reduce any degree of unity to discipline a subordinate, the accidents that he/she committed while threatening him/her with firearms in order to unfold the private sentiment of the subordinate on the preceding day after drinking by his/her superior shall be deemed private acts that are not related to the execution of his/her duties.
[Reference Provisions]
Article 2 of the former State Compensation Act
Plaintiff-Appellant
Kim Nam-nam et al.
Defendant-Appellee
Korea
Judgment of the lower court
Seoul High Court Decision 67Na1180 delivered on October 25, 1967, Seoul High Court Decision 67Na1180 delivered on October 25, 1967
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
We examine the grounds of appeal by the Plaintiff’s attorney.
According to the judgment of the court below, the cause of this accident is that the non-party 1, who is in the position of the 81st head of the 12th century in the ruling, applied for the employment examination for the non-party 2 on behalf of the non-party 1, who was in the position of the 81st head of the 12th century in that ruling, and ever went at the 2nd head of the 3rd unit, and the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knick with the knish's own judgment.
Justices of the Supreme Court (Presiding Judge) Ma-dong and Kimchi-galle