손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the claim against Defendant Republic of Korea
A. On January 28, 1994, on August 12, 1994, the court rendered a public summons for a survival report on the following grounds: (a) on August 12, 1994, where the Plaintiff’s sentence was sought by the Australia, and the Defendant’s sentence was rendered (hereinafter “instant declaration of disappearance”).
(2) On January 10, 1995, the Plaintiff was removed from the family register upon the report of E.
3) In around 2009, the Plaintiff filed a judgment to revoke the adjudication of disappearance on July 16, 2009 and revoked the adjudication of disappearance on July 16, 2009. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence No. 1, No. 1, No. 2, and No. 3, and the purport of the whole pleadings and arguments.
B. The summary of the plaintiff's assertion is that the defendant Republic of Korea created the resident registration certificate, passport, and business registration certificate even after the living person has been declared missing and removed from the military register, and thus the plaintiff was declared missing and the plaintiff was immediately aware of the fact that he was removed from the military register.
Since the plaintiff suffered mental suffering due to the above administrative error or administrative error of the state agency, the defendant Republic of Korea is liable to compensate for the damage caused by such error.
C. Article 27 of the Civil Act provides, “When the absentee’s life or death is unknown for five years, the court shall declare the disappearance upon request of an interested party or a public prosecutor. According to Articles 53 and 54 of the Family Litigation Rule, in a declaration of disappearance, the procedure of a public summons shall be followed, and the public summons shall state “an absentee shall report his/her existence until the date of the public summons, and a person who wishes to live as an absentee shall report his/her disappearance until the date of the public summons,” and “a person who wishes to live as an absentee shall report it until the date of the public summons.”
In addition, when a judgment on adjudication of disappearance becomes final and conclusive, the officer of the family court shall be promptly.