(Incompetence of Hearing) It cannot be deemed that the administrative disposition has lost objective legitimacy, and therefore no liability for damages is available.

(1) In the investigation and accusation of this case, the general public official cannot be deemed to have lost objective legitimacy, and thus there is no liability for damages.

Article 21 of the State Compensation Act

Supreme Court Decision 2014Da230153 ( October 12, 2015)

△△ corporation and one other

Korea

National Rotations

February 12, 2015

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

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 grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by