손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
1. The Plaintiff asserted that C was present at the Seogu District Prosecutors’ Office as a witness at the examination date of the case No. 2011Ga District Court No. 201090, the Plaintiff filed a complaint with the purport that C was guilty.
However, since the defendant who has investigated the above complaint case has intentionally committed an unfair and biased investigation by disregarding the evidentiary materials submitted by the plaintiff and failing to conduct a survey on the facts of the fact, etc., and caused mental suffering to the plaintiff, the defendant is obligated to pay consolation money of 20,000,100 won and damages for delay.
2. Determination 1) The prevention, suppression, and investigation of a crime constitutes a police officer’s duty, and the specific details and methods of a police officer’s act are delegated with reasonable discretion based on a police officer’s professional judgment. Thus, in a case where a police officer performs duties of suppression and investigation of a crime according to a police officer’s determination that an appropriate measure is within the scope of his/her personal and material capacity under a specific situation, considering the purport and purpose of granting such authority to a police officer, the degree of the seriousness or imminent degree of damage inflicted on the people or citizens due to the police officer’s failure to take any other measure, the police officer’s predictability of such outcome and possibility of taking measures to avoid the result, if it is deemed that such act is not clearly unreasonable as it loses objective legitimacy, it cannot be deemed a violation of the Act and subordinate statutes, the requirements for State’s liability on the ground of omission (see, e.g., Supreme Court Decision 2006Da32132, Apr. 24, 2008).