The case recognizing that a public official was not an illegal act in performing his duties.

The crime of this case was committed by Nonparty 1, a first-class soldier, and a first-class non-party 1, away from his place of service during the guard hours and was committed as a personal principal-related relationship. Not only did he did not intend to perform his duties in the supervision of the above non-party, but also it cannot be deemed that the so-called "the act of performing his duties" or "the act of performing duties" was extremely closely related thereto.

Article 2 of the State Compensation Act

Supreme Court Decision 67Da702 delivered on May 30, 1967 (Supreme Court Decision 8610 delivered on May 30, 1967, Decision 2(56)69 of the State Compensation Act

Plaintiff 1 and five others

Korea

Seoul Central District Court (66Ga3533) of the first instance court

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

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff, etc.

The attorney of the plaintiff et al. shall pay to the plaintiff 2 and 3 the amount of 30,000 won for each of the plaintiff 4, 20,000 won for the plaintiff 5, 195,510 won for the plaintiff 6, 311,620 won for the plaintiff 6, 105,510 won for the plaintiff 7, and 5% for each of the above amounts from August 24, 1965 to the date of full payment.

The judgment that the lawsuit cost shall be borne by the defendant and the declaration of provisional execution are sought.

The defendant litigation performer, etc. shall revoke the part against the defendant in the original judgment.

The plaintiff's claim is dismissed.

All the costs of lawsuit are assessed against the plaintiff et al.

According to the reasoning of the judgment below, the non-party 1's non-party 1's non-party 2's evidence Nos. 3 and 4's non-party 1's non-party 3's non-party 1's non-party 1's non-party 2's non-party 3's non-party 1's non-party 3's non-party 1's non-party 3's non-party 1's non-party 9's non-party 1's non-party 2's non-party 3's non-party 1's non-party 3's non-party 1's non-party 2's non-party 3's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 2's non-party 2's non-party 2's non-party 1's counter-

Judges Kim Yong-chul (Presiding Judge)