예규를 제정한 행위 등을 원인으로 한 손해배상청구권의 정 여부[국승]
Seoul High Court-2016-Na2037028 ( November 03, 2016)
Whether a claim for damages is determined on the grounds of an act enacted by the established rules, etc.
Since there is no taxation disposition by a public official in charge, no illegal act exists, the plaintiff's right to claim damages against the defendant does not exist.
2016Da269674 Compensation for damages
KimA
Korea
The third instance decision
National Rotations
on 03.03 09
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.