1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except where “a supplement or additional determination as to the defense of extinctive prescription, etc.” under paragraph (2) is added. As such, it shall be cited as it is in accordance with Article 420 of the Civil Procedure Act.

2. Supplementary or additional determination concerning the defense, etc. of extinctive prescription;

A. Supplementary judgment: (i) Circumstances in which a creditor is unable to file a claim for damages until a judgment of innocence becomes final and conclusive in the retrial procedure fall under de facto disability; and (ii) the creditor shall exercise his/her right within a period of six months equivalent to the suspension of prescription under the Civil Act from the date the judgment of innocence becomes final and conclusive to the date the judgment of innocence becomes final and conclusive; and (iii) in cases where it is inevitable to acknowledge an extension of the period due to very special circumstances, it shall not exceed three years, which is the short-term extinctive prescription period under Article 766(1) of the Civil Act; and (iv) in cases where the creditor files a claim for criminal compensation under the Criminal Compensation Act within six months from the date the judgment of innocence becomes final and conclusive, if the creditor files a claim for damages within six months from the date the judgment of innocence becomes final and conclusive, the creditor shall be deemed to exercise his/her right within a reasonable period of time.”

Since the victim's right to consolation money due to tort and his family's inherent right to consolation money due to mental damage are different, it shall be determined at the time of exercising the right respectively. However, the starting point for exercising the right should be based on the date of final judgment of acquittal of the victim himself/herself, in any case.

Accordingly, if the victim was rendered a final judgment of innocence in judging the period of exercise of rights, his family members also have the victim's family.