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| TITLE | Supreme Court Decision 2017Da56455 Decided July 9, 2020 【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] In a case where the victim owes a debt to a third party because of the offender’s illegal act, requirements for filing a claim for damages corresponding to the amount of debt and method of determining whether damage has realistically occurred [2] In a case where an administrative disposition was imposed on the victim and became final and conclusive because of the offender’s illegal act, and costs occurred for the discharge of the said administrative disposition, whether it can be considered that damage corresponding to the said costs realistically occurred at the time of the said administrative disposition (affirmative in principle) In a case where: (a) an administrative disposition was issued, but was not implemented for a long time; (b) there were exceptional grounds making it difficult to discharge the administrative disposition, and the administrative authority left the situation as it was without adopting any measures to compel the discharge of the disposition by taking into account such difficulty, whether the viability of implementation and the need for implementation ought to be recognized, along with the existence of the administrative disposition, to conclude that damage corresponding to the costs arising from the enforcement of the administrative disposition has realistically occurred and become final and conclusive (affirmative) Where the burden of proving the facts relating to the occurrence of the aforesaid damage lies (held: victim on whom the administrative disposition was imposed) |
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