What elements must be proven when filing a tort damages claim?

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I'm a public official handling tax affairs. I received requests to reduce tax burdens and accepted tens of millions of won in money and goods... After this was discovered, I was investigated, and it was revealed that I provided the convenience of calculating taxpayers' taxes lower than actual, receiving cash in return afterward... I was sentenced to actual prison time on charges of receipt of bribes followed by unlawful conduct, and the public official dismissal disposition has been confirmed. How should I respond?

tort damages

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作者: 김국일

Hello. I am a civil specialist attorney at Daeryun Law Firm.

When claiming tort damages, the court judges based on whether the requirements set by law are met.

According to Article 750 of the Civil Act, the key points are whether there was an unlawful act by the other party, whether there was intent or negligence in that act, whether actual damages occurred, and whether there is a causal relationship between that act and the damages.

However, what works more importantly in practice is what evidence and to what level these requirements can be proven.

Personal claims alone are insufficient, and objective materials that allow third parties to confirm the facts are necessary.

Text or messenger records, recordings, emails, contracts, financial transaction records, photos or videos, and hospital diagnoses are evidence frequently used in tort damages claims.

In particular, materials proving damages and causal relationships are important.

The damages must have occurred after the other party's act, and the flow showing that those damages were caused by that act must be connected by materials.

For evidence, structure is more important than quantity, and it must be organized to support each element of proof.

Also, all evidence must be collected through lawful means, and illegally obtained materials may actually work against you.

Daeryun Law Firm collaborates with internal evidence investigation centers and digital forensics centers to analyze materials according to lawful procedures and systematically organize evidence to match the level of proof required for tort damages claims.

If you are having difficulty even setting the direction of proof, we recommend first receiving a review tailored to your case.