All
| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2017Da286874 Decided June 10, 2021 【Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
|
【Main Issues and Holdings】 [1] Meaning of public officials’ negligence in performing their official duties Standard for determining the details of “official duty” and a proximate causal relation between the violation of official duty and the occurrence of damage where the State is liable to compensate for damage as public officials violates their official duties [2] In a case where the bereaved family of Party A demands compensation against the State on the grounds that the fishery control officials who were aboard the patrol boat violated their duties to rescue when a ship which Party A and others were aboard hit a rock in the process of running away to avoid being tracked by a patrol boat and Party A was found drowned nearby while the Fisheries Management Service under the Ministry of Oceans and Fisheries was executing special joint control over illegal fishing activities, the case holding that it is difficult to readily conclude that the fishery control officials were negligent in performing their official duties and a proximate causal relation between their acts and Party A’s death cannot be seen to exist |
|
