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Main Issues
In a case where a dispute arises as to whether illegal acts or omissions by members or employees of the United States Armed Forces under Article 23(8) of the Agreement between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America have been committed during the course of performing official duties, the case affirming the determination that the arbitration of
Summary of Judgment
In a case where a dispute arises as to whether illegal acts or omissions by members or employees of the U.S. armed forces under Article 23(8) of the Agreement between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America have been done during the performance of official duties, the case affirming the determination of whether the arbitration of the
[Reference Provisions]
Article 23(8) of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America relating to Areas and the Status of United States Armed Forces in the Republic of Korea
Plaintiff-Appellee
Kim Dong-dong et al.
Defendant-Appellant
Korea
Judgment of the lower court
Seoul Civil Area, Seoul High Court Decision 70Na1466 delivered on March 3, 1971
Text
The part of the original judgment against the defendant is reversed, and the case is remanded to Seoul High Court.
Reasons
As to the ground of appeal 2 by the defendant litigant:
According to the reasoning of the judgment, the non-party 2, who is the cause of the above 8th Korean Labor Group's 4th metric tons of the above 8th Korean Labor Group, was the operator of the above 36th malone malm or amper's 109 U.S. m or 109 U.S. m or 100 m or 106m or 100 m or 206m or 200 m or 8m or 8m or 8m or 8m or 8m or 100 m or 8m or 8m or more of the above m or 8m or 106m or more of the 1st m or 8th m or 1969 m or more of the 1st m or 8th m or 1970 m or more of the above m or 2nd m or 3m or more of the m or 8th m or 1970 m or more m.
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.
The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet