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(영문) 광주고등법원 2020.01.15 2019나20428

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. The reasoning for this part of the reasoning is as follows, and the corresponding part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the reasoning for this part is written or added as follows. Thus, it is acceptable to accept it as

( short-name also follows the abbreviation of the judgment of the court of first instance). Of the basic facts based on the reasoning of the judgment of the court of first instance, the "Plaintiff" is both dismissed as "A".

The following shall be added to Chapter 19, 15, of the first instance judgment:

“A. A’s death and the Plaintiff’s taking-off of lawsuit died on November 15, 2019 during the proceeding of this Court. On November 27, 2019, A’s heir, including the Plaintiff, who is the spouse of A, entered into an agreement on the division of inherited property solely inherited by the Plaintiff with respect to A’s claim for compensation, claim for compensation, and claim for damages, and accordingly, the Plaintiff solely taken over the instant lawsuit.”

2. Occurrence of liability for damages;

A. Defendant Republic of Korea’s liability 1 AB Party AC’s negligence in performing duties refers to the prevention, suppression, and investigation of crimes, the protection of people’s lives, bodies, and property, and the maintenance of public peace and order. Since several authorities are granted pursuant to relevant Acts and subordinate statutes, such as the Act on the Performance of Duties by Police Officers, the Criminal Procedure Act, etc. to facilitate the performance of such duties, police officers who perform specific duties may appropriately exercise their authority and take necessary measures. Such authority is generally delegated to police officers’ professional judgment based on reasonable discretion. However, in light of the intent and purpose of granting authority to police officers, if it is deemed that the police officers do not take necessary measures based on specific circumstances are clearly unreasonable, non-exercise of such authority is in breach of official duties.