The case that recognized that the act of taking a civilian from a military vehicle prohibited from taking passengers is an act while performing official duties.

It can not be said that the nature of the act of driving in the performance of official duties is changed objectively by the civilian taking advantage of the military vehicle where the civilian's boarding is prohibited.

Article 2 of the former State Compensation Act

Plaintiff 1 and two others

Korea

Seoul High Court Decision 66Na1435 delivered on July 19, 1967, Seoul High Court Decision 66Na1435 delivered on July 19, 1967

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal by the defendant litigation performer. The facts acknowledged by the court below are as follows.

In other words, at around 7:00 on March 8, 1965, the non-party on duty in the headquarters of the Army Group 2, who was employed by the non-party on the duty of the non-party on the duty of the non-party on the ground that the non-party on the duty of the non-party on the duty of the non-party on the ground that the non-party on the duty of the non-party on the plaintiff 2 (the non-party on the duty of the non-party on the duty of the non-party on the duty of the non-party on the non-party on the duty of the non-party on the duty of the non-party on the duty of the non-party on the duty of the non-party on the non-party on the duty of the non-party on the non-party on the duty of the non-party on the non-party on the duty of the non-party on the non-party on the non-party on the duty of the non-party on the non-party on the non-party on the ground that the non-party on the duty of the non-party on the non-party on the duty of the non-party on the negligence.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-chul (Presiding Judge) (Presiding Justice)