Text
The judgment below
Among them, the part against the plaintiff A and B's property damage shall be reversed, and this part of the case shall be applied.
Reasons
1. The grounds of appeal by Plaintiffs A and B are examined.
(1) A public official’s negligence in performing his/her duties refers to a public official’s negligence in performing his/her duties that the average person in charge of the official duties must normally have
(see Supreme Court Decision 87Meu164, Sept. 22, 1987). If the content of a public official’s duty is not simply for the public interest or for the purpose of regulating the internal order of an administrative agency, but also for the purpose of protecting the safety and interest of an individual of members of society, the State shall be liable to compensate for damages sustained by a public official due to his/her violation of such duty within the scope of proximate causal relation.
In determining the existence of proximate causal relation, comprehensive consideration of the purpose of statutes and other rules of conduct imposing duties as well as the probability of occurrence of general result, the form of harmful act, degree of damage, etc. shall be taken into account.
(See Supreme Court Decision 91Da43466 Decided February 12, 1993, and Supreme Court Decision 2007Da38618 Decided November 15, 2007). (2) The lower court acknowledged the following facts based on the adopted evidence.
① On April 1, 2012, 22:32, H was found to have been home in front of her house in Suwon-si F, and H was forced to move back to her house and her body was concealed after the front seat, and H went back to her house after the end of the front seat.
② E retired from all his/her clothes at his/her house and engaged in indecent conduct against H on April 1, 2012, while intending to see the dives of He/she temporarily, he/she placed h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’ss h’
B Among them, H refers to his mobile phone at around April 1, 2012, after the opening of the door-to-door door-to-face visit by the hand and close the door-to-door door-to-face visit.