The judgment below

Among them, the part against the Defendant against the Plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Regarding the plaintiffs' grounds of appeal

A. The lower court dismissed the Plaintiffs’ claim for consolation money on the ground that it is difficult to deem that the Plaintiffs B, C, and D, who established a family relationship with the said Plaintiff after the Defendant’s tort was terminated, was suffering from mental distress at the time of the tort committed by the said Plaintiff, or sustained damage due to the continued damage.

In light of the relevant legal principles and records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

B. In determining consolation money due to a tort, the circumstances on the part of the victim, such as the victim's age, occupation, social status, property and living conditions, degree of suffering of the victim, degree of negligence of the victim, etc., as well as the situation on the part of the perpetrator, such as the perpetrator's intentional intent or negligence, motive and cause of the harmful act, and attitude of the perpetrator after the tort, shall also be taken into consideration. The court may determine the amount of consolation money at its discretion, taking into account such various

Meanwhile, in exceptional cases where damages for delay of compensation obligation due to tort should be calculated from the date of the conclusion of arguments in fact-finding proceedings, it is necessary to calculate the principal of compensation on the date of the conclusion of arguments in fact-finding proceedings, taking due account of the circumstances where compensation for delay is delayed compared to the cases where damages for delay is added to the date of the conclusion of arguments in fact-finding proceedings. As in the instant case, in cases of tort committed by public officials on human rights violations, the degree of illegality of the act, the content and period of suffering suffered by victims

Supreme Court on January 27, 2011