1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows: (a) the phrase “2008da7145” in the 4th judgment of the court of first instance shall be deemed to read “208da7145” in the 13th judgment; and (b) the phrase “a decision on the Defendant’s defense of extinctive prescription” in the 8th judgment shall be deemed to be the ground for the judgment of the court of first instance except for the following: (b) thereby, it shall be cited

1) The defendant's right to claim compensation under the State Compensation Act expires if it is not exercised within three years from the date on which the damage or the perpetrator becomes aware of, or within five years from the end of the date of tort. Since the lawsuit was filed after the expiration of the extinctive prescription period, the plaintiffs' right to claim compensation against the defendant has expired. 2) The short-term extinctive prescription system under Article 766 (1) of the Civil Act is applied in accordance with Article 8 of the State Compensation Act with respect to the case for which the plaintiffs are liable to compensate under the former part of Article 2 (1) of the State Compensation Act. Thus, the victim's legal representative knows that the public official has a work relationship with the State or a local government, and the general public recognizes that the illegal act was committed by the State or a local government.

On the other hand, "date when the injured party becomes aware of the damage and the perpetrator" under Article 766 (1) of the Civil Code means the time when the injured party actually and specifically recognizes the elements of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the existence of proximate causal relation between the harmful act and the occurrence of the damage. Whether the injured party is deemed to have actually and specifically recognized the facts of the requirements of the tort is various objective circumstances in individual cases.