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(영문) 대법원 2016.12.15 2014다217099
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. In a case where the State received an application for ascertaining the truth of a victim who is subject to the Framework Act on the Settlement of Truth and Reconciliation and conducted a truth-finding decision that confirmed or presumed as a victim by the Committee for the Settlement of Truth under the State (hereinafter “The Committee for Settlement of Truth”), the State should be deemed as having special circumstances where the victim or his/her bereaved family members exercised their rights within a reasonable period of time, at least would not assert the extinguishment of rights based on the completion of extinctive prescription. Nevertheless, the State’s assertion of the expiration of extinctive prescription constitutes an abuse of rights against the principle of good faith and thus is not allowed.

In such a case, the “reasonable period” of the exercise of rights should be limited to a short period corresponding to the suspension of prescription under the Civil Act, barring special circumstances, but may be extended by up to three years where it is inevitable due to special circumstances in individual cases.

(see, e.g., Supreme Court en banc Decision 2012Da202819, May 16, 2013). This also applies where the Criminal Procedure Commission, ex officio, initiated an investigation and conducted a truth-finding decision to verify or presume as a victim, even if there was no request to verify the truth.

(see, e.g., Supreme Court Decision 2013Da16602, Jul. 25, 2013). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.

The military police squad consisting of the second 6th 6th , second 6th , second 8th , second 20th , second 20th , second 2nd , North 1950, and senior shot police, etc., of the military forces belonging to the defendant, was rapidly engaged in the crison operation in the area of all North Korea including the ancient area from November 1950 to May 1951.

In the process, many civilians in the above regions were arrested by police and soldiers without due process and were killed or missing.

B. The net C is located in the J of Chang Chang-gun, the North Korean Peninsula on May 1951.

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