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| TITLE | Supreme Court Decision 2011Da48452 Decided November 15, 2012 [Damages] [full Text] |
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| Summary | |
| [1] Where the court orders performance of a certain measure based on the relevant Acts and subordinate statutes including the Criminal Procedure Act, and there is no room for other interpretation than to follow the court order as a matter of interpretation of the pertinent statute, if the prosecutor acted against the court order on the ground that Supreme Court precedent does not exist as to interpretation of the pertinent statute, whether the pertinent prosecutor is negligent in violating official duties (affirmative in principle) [2] Where Gap et al filed a motion for its approval of investigation documents' reading/copying to the court under Article 266-4(1) of the Criminal Procedure Act, after the application for reading/copying to prosecutor Eul of the District Prosecutor's Office was rejected; and the court rendered an order of approval; but the prosecutor again rejected reading/copying of part of documents, the case holding that prosecutor is negligent in rejecting investigation documents' reading/copying under Article 2(1) of the State Compensation Act as long as the court rendered an order of approval on the ground that the prosecutor's rejection was not justifiable. | |
