The case holding that there is no causation between negligence in the performance of duties, such as duty-seeking, etc., which could not prevent escape and the murder committed by the soldiers;

Since it can normally be expected that the non-party Gap and the non-party Eul's non-party Byung were absent from the above hospital which is the workplace of the military unit, due to the non-party Byung's negligence in performing his duties, the act of murder after the non-party Byung's escape can be said to be a result according to special circumstances, as it is not a result that can normally be anticipated by the attitude of the duty of the above officer on duty, etc. However, the act of murder after the non-party Byung's escape is not a result that can normally be expected, and the act of murder after the non-party Byung's escape from the hospital is a result of special circumstances, and the act of murder after the non-party Byung's escape is not a weapon provided only for the purpose of human murder, and the excessive use of the combat clothes and the scoken's scoke which were incurred at the time of the death, even if the escape from the above hospital

Articles 763 and 393 of the Civil Act

Applicant Kim Pung and eight plaintiffs, Counsel for the defendant-appellant Kim Tae-tae

Other Republic of Korea

Seoul High Court Decision 89Na2648 delivered on October 20, 1989

All applications for the final appeal are dismissed.

We examine the grounds for applying for a final appeal by the plaintiffs' attorney.

According to the judgment of the court below, the court below acknowledged the facts as to whether there was a causal relationship between the act of murdering Nonparty 4, such as the non-party 1 and the non-party 3, etc., the non-party 1 and the non-party 2, the duty officer on duty, and the act of murdering the non-party 4, and determined that the act of murdering the non-party 1 and the non-party 2 was a result of the non-party 3, etc., because the non-party 3 et al. could have anticipated the escape from the non-party 1 and the non-party 2's neglect of duty. However, even if the non-party 3 et al. knew or could have known of the fact that the non-party 1 and the non-party 2 et al. were to kill the non-party 3 et al. by leaving his workplace, it is difficult to recognize that the act of murdering the non-party 1 and the non-party 4 et al., after his escape from his workplace.

In light of the records, the above decision of the court below is justified and there is no error of law by misunderstanding the legal principles of the omission of judgment or causation such as theory of lawsuit.

In addition, the judgment of the court below is not deemed to contain important matters regarding the interpretation of statutes, and all applications for permission of this case are dismissed. It is so decided as per Disposition by the assent of all participating judges

Justices Lee Chang-chul (Presiding Justice)