(a) The case holding that if a driver or a veteran of a military motor vehicle in his place of return causes an accident that occurred while operating it for the purpose of amusement by changing the direction of operation to the civilian, it may be recognized as an accident related to performance of official duties;

(b) Actual cases where there is an error of misapprehending the legal principles on offsetting negligence.

A. The accident is an accident related to performance of official duties, even if a driver was killed and operated by a civilian on the earway without the consent of the civilian, while the driver changed his operational direction in the manner of his mind and caused the accident to be operated on the "heat" page for the purpose of entertainment.

B. In the event that an accident occurred after a civilian was on board a military vehicle, such civilian's negligence shall also be referred to unless there are special circumstances.

Article 763 of the Civil Code, Article 369 of the Civil Code, Article 2 of the State Compensation Act

Plaintiff

Defendant 1 and one other

Korea

Seoul High Court Decision 67Na653 decided June 14, 1968, Seoul High Court Decision 67Na653 decided June 14, 1968

The part of the original judgment against the defendant shall be reversed, and that part shall be remanded to the Panel Division of the Seoul Civil Procedure District Court.

The judgment of the court below acknowledged the following facts on the grounds of appeal by the defendant litigation performer. In other words, the non-party 1 Byung, a driver of the 5th Military Police Headquarters, who was sent the number of soldiers belonging to the 196.3.15 p.m. military police station, operated the 73/4 p.m. military vehicles belonging to the 73 p.m. military police units, and returned to Seongdong-dong-dong military units belonging to Seoul, the court below did not change the legal principles of the plaintiffs' operation of the above 3 p.m. for the purpose of calculating damages to the above 6.10 p.m., while he moved to the 518 p.m. military units belonging to the 5.10 p.m. Sim., the court below did not err by misapprehending the legal principles of the plaintiffs' operation of the 1 p.m. military police station without any specific negligence, but did not change the plaintiffs' operation of the above 1 p.m. for the purpose of calculating damages to the 360 p.m.

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

Supreme Court Judge Lee Young-subop (Presiding Judge)