The requirements for assignment in case of compensation for damage caused by a driver's accident, a member of the United States Armed Forces;

In order to seek damages from a carccentian's driver's accident deemed to be a member of the United States Armed Forces pursuant to Article 23 (12) of the Agreement under Article 4 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, the State Compensation Act shall apply for the payment to the Central Council established in the Ministry of Justice pursuant to Article 4 of the Special Act on the Implementation of the Agreement, Article 2 (1) of the Enforcement Decree,

[Defendant-Appellant] Plaintiff 1 and four others, Counsel for defendant-appellant-appellant

The legal representative of the Republic of Korea shall be the Minister of Justice of the Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic

Seoul High Court Decision 74Na2615 delivered on March 26, 1975

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the first ground for appeal by the second part of the defendant litigation performer.

According to Article 23(12) 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, the driver of the accident in this case, who is the driver of the accident in this case, is deemed to be a member of the United States Armed Forces pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America. Thus, in order for the plaintiffs to claim compensation for damages caused by the above largest abuse of power, Article 2 of the Enforcement Decree of the Civil Act, Article 4 of the Enforcement Decree of the Civil Act, Article 10 of the State Compensation Act, and Article 7(1) of the Enforcement Decree of the same Act shall apply for the payment of compensation to the Central Council established at the Ministry of Justice, or the Daejeon District Council, which is the Central Council, the District Council, which belongs to the State Council, and Article 7(1) of the Enforcement Decree of the State Compensation Act, the plaintiffs filed a lawsuit in this case after filing an application for compensation with the Council of the State Compensation Act. However, according to the records attached to the records of this case, it could not be acknowledged that there were legitimate.

The second ground of appeal is examined as to the second ground of appeal. Since the court below cited the second judgment of the court of first instance, it is ordered that only KRW 2,500,000 out of KRW 4,518,987, the damages of the plaintiff et al. were paid to the defendant, taking into account the negligence of the plaintiff et al., and the judgment of the court below as to offsetting negligence is appropriate in light of the reason and other circumstances revealed through the records, and there is no error of law such as misunderstanding of legal principles or misunderstanding of the reason, etc., and the judgment of the court of appeal (Supreme Court Decision 70Da2342 delivered on December 29, 197, Supreme Court Decision 67Da2065 delivered on December 18, 1967) is not appropriate for this case.

Therefore, all arguments are without merit. This appeal is dismissed, and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Young-chul (Presiding Justice)