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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2019Da260197 Decided January 28, 2021 【Damages (Etc.)】 [full Text]
Summary
[1] In a case where executives or employees of public corporations violated laws either or regulations and inflicted damages to another person, either with intent or through neglect, in executing public administrative affairs entrusted by the state, whether such executives or employees are held liable for compensation only when they committed wrongdoing with intent or by gross negligence (affirmative)
Meaning of “gross negligence” by civil servants
[2] Whether the grounds for denial of registration stipulated in each subparagraph of Article 8(1) of the Attorney-At-Law Act are restrictive enumerative provisions (affirmative)
[3] In the case where: (a) Party A was denied registration as an attorney-at-law upon the decision of a stay of sentence that became final and conclusive, and filed an application for registration as an attorney-at-law with the Korean Bar Association; (b) Party B, the President of the Korean Bar Association, referred the case concerning denial of registration against Party A to the Registration Review Committee, and the Korean Bar Association subjected the said case to the prescribed review process and completed Party A’s attorney registration accordingly; and (d) Party A filed a claim for damages for unlawful referral of the case concerning his application for registration as an attorney-at-law to the Registration Review Committee despite lack of grounds for denial and the resultant deferment of his attorney registration for two months, the case holding that: (a) the Korean Bar Association, in the position of the administrative authority to which the commissioners of the Registration Review Committee belong, is liable for compensation equivalent to the loss of income caused by the unlawful deferment of Party A’s attorney registration; but (b) on the other hand, Party B is not liable to pay compensation against Party A in accordance with the legal doctrine that protects government officials from being held liable for ordinary negligence
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