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Main Issues
In the event that a soldier, who was deprived of his unit without permission, died of the beginning, or died of the military unit, the State's compensation liability.
Summary of Judgment
In the event a soldier, who had left the military unit without permission and returned to the military unit, caused the death of the military unit by taking the total number of the soldiers of the military unit who worked at the beginning, the above violence cannot be deemed an act of being performed by a public official under the State Compensation Act or an act closely related to the performance of his duties.
[Reference Provisions]
Article 2 of the State Compensation Act
Reference Cases
67Da1686 delivered on July 18, 1967 (Supreme Court Decision 1129 delivered on April 18, 1967, Supreme Court Decision 15Da329 delivered on June 15, 196, Supreme Court Decision 2(45)Da1686 delivered on July 18, 1967 (Supreme Court Decision 8523 delivered on July 8, 196, Supreme Court Decision 2(72)671 delivered on June 16, 200)
Plaintiff and appellant
Plaintiff 1 and one other
Defendant, Appellant
Countries
Judgment of the lower court
Seoul District Court of First Instance (66A12310)
Text
The plaintiffs' appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
Purport of claim and appeal
The plaintiffs' legal representative shall revoke the original judgment.
The defendant shall pay to the plaintiff 1 an amount of 391,765 won with an annual rate of 5% from August 24, 1966 to the full payment.
The judgment that the litigation costs shall be borne by the defendant and the declaration of provisional execution shall be sought, and the defendant has sought a judgment dismissing the appeal.
Reasons
First of all, the plaintiffs were able to look at the illegal acts of this case, and the non-party 1 and the non-party 2 were 1 and the non-party 3 were able to leave the military unit belonging to the 105th Army, which belongs to the 105th Army, around August 24, 1966, and they were able to return to the military after drinking at the 1st century near the above communications unit. The non-party 3 was under the non-party 3's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's kn's k's k's k's k's k's k's k's h's h's h's h's h's h's h's h's h's h'.
Judges Lee Jae-sung (Presiding Judge)