1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. The cause of the claim is as shown in the annexed sheet;

2. The defendant's defense for the completion of extinctive prescription and its determination

A. The Defendant’s assertion (i.e., the appointed party; hereinafter “Plaintiff”) and the appointed party’s claim for damages were extinguished three years after the lapse of the short-term extinctive prescription period stipulated in Article 766(1) of the Civil Act from December 30, 2008, when the truth-finding decision was made.

The plaintiffs stated in the complaint of this case that it was possible to grasp the specific truth about the deceased's death background, etc., including E, F, and G, through the investigation and decision of the past management committee on December 30, 2008.

Article 22(1) of the Civil Act provides that “The Plaintiff shall be deemed to have received the truth-finding decision notice and written decision immediately after December 30, 2008, which is the date of the truth-finding decision.”

B. (i) The right to claim damages against the State under the former part of Article 2(1) of the State Compensation Act is extinguished by prescription, if the injured party or his legal representative is not exercised for three years from the date when the injured party or the perpetrator becomes aware of the damage or the perpetrator, or is not exercised for five years from the date when the tort ends under Article 96(2) and (1) of the National Finance Act.

(See Supreme Court Decision 94Da23692 Decided February 11, 1997, and Supreme Court Decision 2004Da33469 Decided May 29, 2008, respectively). Also, it is reasonable to deem that the victim, etc. who received the truth-finding decision from the Committee for the Settlement of History was aware of the damage and the perpetrator, barring any special circumstances (see Supreme Court Decision 2012Da4091 Decided April 26, 2012), and that the said short-term statute of limitations expires three years after the lapse of the said period.

Article 25(1) of the Criminal Procedure Act provides that “The parties shall file a petition for truth-finding as to the facts alleged by the Plaintiff on December 30, 2008” (see, e.g., Supreme Court en banc Decision 2008Do135, Aug. 9, 2017).