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TITLE Supreme Court Decision 2015Da224797 Decided April 29, 2020 【Damages (Etc.)】 [full Text]
Summary
[1] Meaning of “violation of the statutes” in the state’s compensation liability, and whether the investigative agency’s violation of the limitation under laws and legal principles while conducting criminal investigations constitutes “violation of the statutes” (affirmative)
[2] In a case where a criminal suspect belongs to socially vulnerable groups, such as juvenile suspects, whether the investigative agency has an official duty to take extra caution to prevent any unfair treatment of a criminal suspect in exercising his/her right of defense during criminal investigation proceedings (affirmative), and in a case where the investigative agency drafts a protocol of suspect interrogation in violation of the said duty either by intention or negligence, thereby resulting in a substantial infringement of the suspect’s rights, whether the state’s compensation liability is established (affirmative)
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