Supreme Court Decision 2019Da260197 Decided January 28, 2021 【Damages (Etc.)】

【Main Issues and Holdings】
[1] In a case where executives or employees of public corporations violated laws or
regulations and inflicted damages to another person, either with intent or through
neglect, in executing public administrative affairs entrusted by the state, whether such
executives or employees are held liable for compensation only when they committed
wrongdoings with intent or by gross negligence (affirmative)
Meaning of “gross negligence” by civil servants
[2] Whether the grounds for denial of registration stipulated in each subparagraph of
Article 8(1) of the Attorney-At-Law Act are restrictive enumerative provisions
(affirmative)
[3] In the case where: (a) Party A was denied registration as an attorney-at-law upon
the decision of a stay of sentence that became final and conclusive, and filed an
application for registration as an attorney-at-law with the Korean Bar Association; (b)
Party B, the President of the Korean Bar Association, referred the case concerning the
denial of registration against Party A to the Registration Review Committee, and the
Korean Bar Association subjected the said case to the prescribed review process and
completed Party A’s attorney registration accordingly; and (c) Party A filed a claim for
damages for unlawful referral of the case concerning his application for registration as
an attorney-at-law to the Registration Review Committee despite lack of grounds for
denial and the resultant deferment of his attorney registration for two months, the case
holding that: (a) the Korean Bar Association, in the position of the administrative
authority to which the commissioners of the Registration Review Committee belong, is
liable for compensation equivalent to the loss of income caused by the unlawful
deferment of Party A’s attorney registration; but (b) on the other hand, Party B is not
liable to pay compensation against Party A in accordance with the legal doctrine that
protects government officials from being held liable for ordinary negligence