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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Changwon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Article 760(3) of the Civil Act considers an aided person to be a joint tortfeasor and imposes joint tort liability on the aided person.
Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible in the area of civil law in which negligence is the same as that of an intentional act, in principle, for the purpose of compensating for damages. In this case, the content of negligence refers to a violation of the duty of care on the premise that there is a duty of care not to assist a tort.
However, in order to impose liability for joint tort as an aiding and abetting by negligence on another person's tort, a proximate causal relationship is recognized between aiding and abetting act and the occurrence of damages by the victim's tort. In determining a proximate causal relationship, the reasonable causal relationship should be determined by comprehensively taking into account the predictability of the circumstances that facilitate the relevant tort by negligence, the impact of the tort by negligence on the occurrence of damages, the degree of contribution to the formation of the victim's trust, and the degree of contribution to the victim's own trust, etc.
(see, e.g., Supreme Court Decision 2013Da91597, Mar. 27, 2014). Article 6(3)1 of the Electronic Financial Transactions Act prohibits transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, in principle, and regulates a provision punishing the act of violation.
This is a system to prevent transparent transactions from being conducted by another person in the name of the deposit owner and electronic financial transactions, and there is a need to punish it in order to ensure the safety and trust of electronic financial transactions.
However, electronic financial transactions are conducted.