손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except where the plaintiffs make an additional determination as to the matters alleged in the court of first instance as stated in the following paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of
2. Additional matters to be determined;
A. The Plaintiffs’ assertion 1) Article 14(3) of the Criminal Compensation Act provides that the original copy of the final and conclusive decision on criminal compensation shall be served on the claimant. This constitutes a mandatory provision considering its nature, which becomes the starting point of the immediate appeal. In the Plaintiff’s criminal compensation case, the original copy of the decision on criminal compensation shall be served on the Plaintiff A on September 13, 2012. However, this was based on the receipt received by the employees of Qin Law Firm Q, a legal representative for a claim for criminal compensation on behalf of the Plaintiff A, by facsimile, and submitted it to the court. The original decision on criminal compensation for the Plaintiff A violates the procedures for foreign service, and thus, the service of the original decision on criminal compensation for the Plaintiff violated the procedures for foreign service, and the defect thereof shall not be cured. Since the second decision on criminal compensation for the Plaintiff was not yet finalized, the Plaintiffs’ claim for criminal compensation within six months after the final and conclusive judgment on the acquittal of the Defendant’s right to claim compensation for damages had not yet become final and conclusive.
The rest of the plaintiffs are those of South Korea residing in Japan or those of Japan who were naturalization.