국가상대손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
1. The plaintiff's assertion was caused by the failure of the State to issue the plaintiff on the ground of father's father's thought, even though passed the 1977 Public Bonds Examination, but the State was entitled to the State's compensation by stealing his own name. Thus, the defendant confirmed whether there was a claim for State compensation under the name of the plaintiff, and if there was a claim for State compensation, the defendant is obligated to send a copy of the judgment to the plaintiff.
2. As to the determination on the main defense of safety, the defendant's claim for confirmation of existence of the plaintiff's claim for state compensation is merely a matter of factual relations, not a matter of specific rights or legal relations, and thus, it is unlawful to claim delivery of a copy of the judgment, as there is no benefit of lawsuit, and thus, the main defense of safety is unlawful.
On the other hand, a lawsuit for confirmation is allowed in cases where, when there is apprehension or risk of the Plaintiff’s right or legal status, obtaining a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk, and simple assertion as to facts cannot be subject to confirmation (see, e.g., Supreme Court Decision 92Da23872, Dec. 8, 1992). A claim for confirmation as to whether a lawsuit for state compensation has been filed under the Plaintiff’s name is merely seeking confirmation of facts, and it is nothing more than seeking confirmation of legal relations, and there is no benefit of confirmation.
In addition, the plaintiff is seeking to send a copy of the judgment under the premise that there is a fact of claiming state compensation under the name of another person. However, if there is a judgment under the name of the plaintiff, the plaintiff can only confirm the judgment under his own name through administrative procedures, such as the perusal of the judgment or the application for issuance of the judgment, and this is not subject to the claim for performance to be sought by the defendant by a lawsuit. This part of the claim is not a claim.