법규위반행위로 인한 손해배상에서위법성과 상당인과관계: 가축전염병 예방법상 이동제한명령 위반과 살처분보상 손해- 대상판결 : 대법원 2022. 9. 16. 선고 2017다247589 판결

In a case in which a local government sought compensation for the amount of culling compensation paid to farmers and brokers who violated the movement restriction order under the Act on the prevention of contagious animal disease, the Supreme Court held that the payment of compensation for losses is an obligation of the local government regardless of the cause of the violation, and therefore the compensation paid could not be considered as damages causally related to the violation of the movement restriction order. It suggests for principle of ‘Free public service doctrine’ in Anglo-American law, according to which a state cannot claim against an individual for costs incurred as a result of a specific state action unless the act is intentional or has a separate legal basis. This is significant towards the increase of cases in which the costs of state action required in such cases as COVID-19 and murder warnings are being claimed as ‘civil’ damages or compensation from the beneficiaries or the cause, and suggests that the costs should be covered by government budget as long as it is the state's obligation. In other words, the substantial causal relationship between the acts of the cause and the use of the budget due to the state's administrative acts cannot be recognized. On the other hand, the illegality of the act causing the damage must also be strictly examined.