손해배상(국)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 27, 1951, the deceased B, the plaintiff's argument as to the cause of the plaintiff's claim (hereinafter "the deceased"), was killed by soldiers in charge of the water uniforms operations in the ancient area in the Gowon-gun, Gowon-gun, Gowon-gun, and all his inheritors of the deceased and their inheritors, who suffered mental distress due to the tort in the military police, and thus, the defendant is obligated to pay consolation money of 68,000,000 won (the portion of inheritance and the amount of consolation money unique to the plaintiff) and damages for delay to the plaintiff.
2. Determination
A. As to the plaintiff's cause of action, even though the defendant's liability is recognized as the defendant's liability as alleged by the plaintiff in relation to the death of the deceased, since the plaintiff's right to claim compensation for damages against the defendant has expired by prescription, the defendant asserts that the plaintiff is not liable for compensation for damages caused by the death
The right to claim damages on the ground of tort is extinguished by prescription, unless it is exercised for three years from the date on which the perpetrator becomes aware of the damage and the damage (Article 766(1) of the Civil Act). However, it is reasonable to deem that the victim, etc., who received the truth-finding decision from the “The Settlement Commission for Truth and Reconciliation” (hereinafter “Settlement Commission”) under the Framework Act on the Settlement of Criminal History for Truth and Reconciliation (hereinafter “Reconciliation Commission”) was aware of the damage and the perpetrator when the truth-finding decision was made (see, e.g., Supreme Court Decision 2012Da4091, Apr. 26, 2012). Thus, the said short-term extinctive prescription expires after three years lapse from the date on which the damage and the perpetrator
Meanwhile, a claim for damages against a State arising from a tort is extinguished by prescription if it is not exercised for five years from the date of the tort (Article 32 of the former Accounting Act before it was repealed by Law No. 42 of April 7, 1921, and Article 82 of the former Accounting Act enacted by Law No. 217 of September 24, 1951).