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(영문) 대법원 2015.11.26 2015다228454
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Even if any administrative disposition is revoked after an administrative disposition, it cannot be determined that the pertinent administrative disposition is caused by the intention or negligence of the public official immediately and constitutes a tort by virtue of res judicata. If the public official in charge of such administrative disposition's general public official's duty of care is recognized to have lost objective legitimacy, it shall be reasonable to deem that the public official in charge of such administrative disposition satisfied the requirements for State compensation under Article 2 of the State Compensation Act in a case where the administrative disposition is deemed to have lost objective legitimacy. In such a case, whether the administrative disposition has lost objective legitimacy shall be determined by taking into account all the circumstances such as the type and nature of the gains of infringement, the form and reason of the administrative disposition being infringed, the degree of involvement of the victim in the issuance of the administrative disposition, and the degree of damage, etc.

(2) In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal principles as to whether there was an intentional act or negligence on the part of the Si/Gun Mayor when rendering the instant disposition. In so doing, the lower court did not err by misapprehending the legal principles on the part of the Si/Gun Mayor when rendering the instant disposition.

The judgment below

In light of the relevant legal principles and records, the above determination by the court below is just. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the judgment of

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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