There is no basis to interpret that the instant accident was not a vehicle accident in the course of performing official duties by the Korean government and the U.S. government, and there is a kind of legal evidence that should be bound by the said agreement in civil trials.

There is no basis to interpret that the instant accident was not a vehicle accident in the course of performing official duties by the Korean government and the U.S. government, and there is a kind of legal evidence that should be bound by the said agreement in civil trials.

Section 23(8) of the Agreement under Article IV of the Mutual Defense Treaty 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

Plaintiff 1 and eight others

Korea

Seoul High Court Decision 70Na2238 delivered on April 16, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant-appellant are examined.

No. 1 When considering the first instance judgment that the vehicle accident of this case occurred during the performance of official duties of the Nonparty, the first instance court's first instance judgment was compared with the evidence No. 5 and No. 1 and No. 2 adopted by the records, and there is no error of failing to exhaust all necessary deliberations or of violating the rules of evidence to reject the above evidence No. 5 and No. 1 and No. 2, which are contrary to the above evidence No. 1 and No. 2, or to adopt evidence by violating the rules of evidence.

If the accident of this case between the Government of the Republic of Korea and the Government of the United States of America was agreed that the accident of this case was not a vehicle in the course of performing official duties, the provisions of Article 23 (8) of the Mutual Defense Treaty between the Republic of Korea and the United States of America under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America cannot be applied, and there is no such agreement between the two governments in the Republic of Korea, and there is no ground to interpret that the above agreement has been granted a kind of legal evidence that should be bound by the above agreement in civil trials, such as the theory of lawsuit, and therefore, it is justifiable for the court below to accept part of the plaintiff's claim in accordance with the Civil Special Act on the Implementation of the above Agreement and the Agreement, and the above judgment of the court below is the purport of rejecting the defendant's claim, and there is no violation of law of incomplete deliberation or misapprehension of legal principles as to the above point

Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court