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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2025Da200813 Decided July 3, 2025 【Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 In a case where a victim, while using a product as intended, is exposed to toxic substances mixed within the product and seeks compensation from the manufacturer or related parties for mental damages, whether mental harm is presumed to have occurred on the sole basis of the fact that the victim is exposed to toxic substances (negative), and whether vague anxiety or psychological fear, by themselves, can be legally recognized as damages subject to compensation (negative) In such a case, whether compensation for mental damages can be awarded only when the victim actually develops a disease (negative) Whether, even if an actual disease does not occur to the victim who is exposed to toxic substances mixed within the product, while using a product as intended, compensation may still be awarded if, in light of social norms, the victim can be deemed to have suffered mental distress under Article 751(1) of the Civil Act, whether compensation for mental damages can be awarded (affirmative), and, in such a case, the standard for determining whether such mental distress has occurred | |
