1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination on the cause of the claim

A. On August 11, 2010, the Plaintiff alleged that he/she was investigated after having been arrested on the charge of larceny. On August 12, 2010, the investigator in charge did not look at the Plaintiff’s face and locking of the crime and infringed the Plaintiff’s human rights at the scene of the crime, and thus, the Defendant is liable for compensating the Plaintiff for mental damages caused by the tort committed by the investigator in the course of performing his/her duties.

B. The claim for damages caused by a tort is extinguished by prescription if it is not exercised by the victim or his/her legal representative for three years from the date on which he/she became aware of the damage and the identity of the perpetrator. According to the evidence Nos. 1 through 3, the Plaintiff is aware that the Plaintiff filed a petition with the National Human Rights Commission of Korea on August 18, 2010, as alleged above. Thus, it is reasonable to deem that the Plaintiff was aware of the fact that the damage was incurred and the existence of the perpetrator was known at least on August 18, 2010.

However, since it is apparent that the lawsuit of this case was filed after the lapse of three years from this point, the plaintiff's right to claim damages against the defendant was extinguished by prescription.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.