Whether the act of launching firearms due to the disregarding of military personnel becomes an act of performing duties by a public official.

The act of launching firearms with the intention of disregarding military personnel cannot be deemed as an act of performing official duties of a public official in the appearance of the perpetrator's subjective intent or the act of releasing firearms with the intention of disregarding military personnel, and it cannot be deemed as an act closely related to the performance of official duties.

Article 2 of the State Compensation Act

Plaintiff 1 and one other

Korea

Original Branch Court of Chuncheon District Court of the first instance (69A160 delivered on January 1, 200)

The part against the defendant in the original judgment shall be revoked.

The plaintiffs' claims are dismissed.

All the costs of lawsuit shall be borne by the plaintiffs in the first and second instances.

The defendant's attorney shall pay to the plaintiff 1 the amount of 860,000 won with the rate of 5% per annum from the following month of service to the full payment. The defendant shall pay to the plaintiff 2 the amount of 480,000 won per annum.

The Court decided that the costs of lawsuit shall be borne by the defendant.

The defendant litigation performer shall revoke the original judgment.

The plaintiffs' claims are dismissed.

The Court decided that all the costs of lawsuit shall be borne by the plaintiffs in the first and second instances.

In light of the above contents of evidence Nos. 2 (Judgment), 3 (Verification Protocol) and 5 (Death Certificate) as well as the above facts indicated on the non-party 1's non-party 8's non-party 1's rank, the non-party 1's rank in the 11's group 8's rank in the Army under the defendant's 1967's order to fix the marine shooting target at 40's p.m., and the non-party 1's order to remove the above 5's 5's rank in the above 9's office, and the non-party 1's order to remove the above 5's remaining 5's 1's rank in the above 6's office, the non-party 2's order to remove the above 1's remaining knife's knife's knife and 90's own knife's own knife's 3's rank.

Judges Lee Tae-sung (Presiding Judge)

Judges shall not sign and seal on account of their transfer.