Whether or not a person who has participated in an illegal act of a public official has a claim for state compensation

In the event that an accident occurs while driving a military vehicle in order to ensure the friendship and drinking, it is not considered an accident during the performance of official duties.

Article 2 of the State Compensation Act

Supreme Court Decision 66Da1317 Decided September 20, 1966

Plaintiff 1 and one other

Countries

Seoul High Court Decision 65Na2138 delivered on August 31, 1966, Seoul High Court Decision 65Na2138 delivered on August 31, 1966

We reverse the original judgment.

The case is remanded to Seoul High Court.

The grounds of appeal by the Defendant Litigation Performers are examined.

The facts established by the court below are the facts that the plaintiff 1/4 ton of the plaintiff 303 driver's disease in the Army, which is the driver's disease of the plaintiff 1/4 ton of the vehicle belonging to the 303 Transport Management Body under the defendant's control of the defendant, took on the above 1/1964-3. 21. 9 p.m., the plaintiff 1 et al., and 3, the plaintiff 1 et al. al. were on the knife in the above knife in the above knife in the knife where the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn's.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Na-dong (Presiding Judge)