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Main Issues and Holdings】
This case concerns A and others, examinees for the appointment examination for public and private secondary school teachers, who tested positive for coronavirus disease 2019 immediately prior to the examination and subsequently prevented from sitting it, as the superintendents of education of each city (si) and province (do), acting under the delegation of the Minister of Education, restricted the participation of individuals diagnosed with COVID-19 in the examination. Subsequently, A and others filed a claim for damages against the State on the grounds that the restriction of their participation was unlawful. The superintendents of education of each city and province, acting under the delegation of the Minister of Education, violated the principles of statutory reservation, proportionality, and equality by restricting the participation of A and others in the appointment examination, and such restriction lost its objective legitimacy to an extent that gave rise to state liability. Therefore, pursuant to Article 2(1) of the State Compensation Act, the State is liable to compensate A and others for the emotional harm they suffered.
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