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(영문) 대법원 2016.04.15 2013다20427
손해배상(기)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s grounds of appeal on liability for damages, the police officer’s duty to prevent, suppress, and investigate crimes, to protect the lives, bodies, and property of the people, and to maintain public peace and order. For the smooth performance of that duty, various authorities have been 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., so a police officer who performs specific duties may appropriately exercise various authorities assigned to him/her in response to all circumstances and take necessary measures. Such authorities are generally delegated to police officers’ professional judgment based on reasonable discretion. However, if it is deemed that the police officer’s failure to exercise his/her authority and take necessary measures is clearly unreasonable in light of the purport and purpose of granting authority to the police officer, non-exercise of such authority is deemed to violate his/her duty of official duty and is unlawful (see, e.g., Supreme Court Decisions 97Da5482, May 8, 199; 2003Da4909, Sept. 23, 2004).

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