Of the part of the judgment of the court below against the plaintiff, active damages of KRW 2,586,350 and damages for delay and consolation money shall be paid.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. On the grounds indicated in its reasoning, the first instance court determined that the Defendant’s public official was negligent in failing to comply with the disposition, even though the Defendant’s public official issued a landslide warning or warning and took measures to have the residents of B village group, including the Deceased, evacuated.

In light of the relevant legal principles and records, although the reasoning of the lower judgment is partially inappropriate, the lower court’s conclusion is acceptable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the elements for establishing tort liability.

B. The ground of appeal No. 2 is based on the premise that there is no proximate causal relationship between the Defendant’s unlawful act and the deceased’s death. As examined earlier, insofar as the Plaintiff’s ground of appeal that there is a proximate causal relationship between the Defendant’s unlawful act and the deceased’s death, this part of the ground of appeal is without merit without further review.

2. Plaintiff’s ground of appeal

(a) If the content of the official duty imposed on a public official is not merely for the public interest or for the purpose of regulating the internal order of an administrative agency, but entirely or incidentally for the protection of the safety and interest of an individual from society members, the State shall be liable to compensate for the damage suffered by the victim due to the public official’s breach of such duty to the extent

In determining the existence of proximate causal relation, not only the probability of the occurrence of a general result, but also the purpose of the law and other rules of conduct imposing duties, or the form and degree of damage.