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| TITLE | Supreme Court Decision 2017Du63467 Decided July 29, 2020 【Residents’ Lawsuit】 [full Text] |
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| Summary | |
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[1] Standard for determining whether to correspond to “matters concerning the acquisition, management, and disposal of property,” “matters concerning the conclusion and performance of a contract, to which the competent local government is a party,” etc. which are stipulated as those subject to residents’ lawsuit pursuant to Article 17(1) of the Local Autonomy Act [2] Whether the subject of residents’ lawsuit pursuant to Article 17(1) of the Local Autonomy Act must be the same as matters concerning a request for inspection filed by residents (negative), and standard for determining whether the subject of residents’ lawsuit is related to matters concerning the request for inspection filed by residents [3] Whether a person filing a residents’ lawsuit pursuant to Article 17(2)4 of the Local Autonomy Act ought to specify the other party, details of financial accounting, relevance to the request for inspection, damages or unjust enrichment claimed against the other party, etc. (affirmative) [4] Whether liability for damages may be established only when the head and the employees of the competent local government, who are the other parties related to unlawful financial accounting, have intention or gross negligence of the unlawful acts in the case of a claim for compensation for damages in accordance with a residents’ lawsuit pursuant to Article 17(2)4 of the Local Autonomy Act (affirmative) |
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