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1. The plaintiff's appeal and the conjunctive claim filed in the trial are dismissed.
2. The appeal costs are assessed against the Plaintiff.
Reasons
Basic Facts
A. At around 13:00 on April 15, 2015, A was subject to an accident in which the 155 meters towing and cutting off the left hand during the mobilization training of the reserve forces at the shooting range. From April 15, 2015, A received treatment at Hongcheon Hospital, B Hospital, etc.
B. The Plaintiff paid KRW 3,059,820,00,000,000,000,000,000,000 for the medical care benefits for the above treatment, except for the part of the principal.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion as an assistant instructor in charge of the shooting range to which the Defendant was the Defendant is the Defendant, is obliged to pay damages to the Plaintiff who is subrogated to the Defendant’s right to claim damages, inasmuch as the Plaintiff suffered bodily injury, such as the suspension of A, due to a knife and the suspension of a knife, which was caused by the Plaintiff’s fault in the process of knifeing the knife fixing the knife on the ground and deducting the knife knife from the knife, which was caused by the suspension of a knife.
B. The legislative purport of Article 29(2) of the Constitution of the Republic of Korea and the proviso of Article 2(1) of the State Compensation Act based thereon is to operate the system for compensating military personnel, civilian employees, police officers, or homeland reserve forces members (hereinafter “military personnel, etc.”) who perform dangerous duties by the State or public organizations (hereinafter “State, etc.”) for damages, instead of guaranteeing that military personnel, etc. who suffered damage in the course of performing their duties can not claim damages from the State for the same damage as military personnel, etc. by allowing them not to claim damages from their officials due to their official duties, regardless of their fault or degree.