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(영문) 대법원 1967. 4. 18. 선고 67다304 판결
[손해배상등][집15(1)민,329]
Main Issues

Cases in which a public official inflicts damage on another person in the course of performing his/her duties shall not be deemed to have inflicted such damage.

Summary of Judgment

An accident in which a public official died in possession of a gun in order to avoid the misunderstanding that he/she had observed a work-related disease and to conceal that he/she had observed a self-scam in the vicinity of the order to confirm the starting work of a person coming from a x-ray while performing his/her primary work cannot be said to have caused a public official to perform his/her duties.

[Reference Provisions]

Article 2 of the State Compensation Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Countries

Judgment of the lower court

Seoul High Court Decision 66Na1378 delivered on January 17, 1967, Seoul High Court Decision 66Na1378 delivered on January 17, 1967

Text

The part against the defendant in the original judgment shall be reversed.

The case is remanded to Seoul High Court.

Reasons

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment of the court below and the reasoning of the judgment of the court of first instance cited by the court below, Nonparty 2, a wounded soldier of the 7th Army combat team No. 5 of the 7th Army, was in the third unit commander of the 3th century, and from December 13, 1965 to 03:00, he had the name of the knife in the vicinity of the knife and the knife where the knife 15th balls were placed in the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

Therefore, by applying Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Do-dong (Presiding Judge) Do-dong (Presiding Judge) Do-won Mab-Ba

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