beta
Text
All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Examining the reasoning of the lower judgment as to the ground of appeal No. 1 in light of the records, it is justifiable for the lower court to have recognized the Defendant’s liability for damages on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to
2. As to the second ground of appeal, 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 History for Truth and Reconciliation (hereinafter “The Act”), and confirmed or presumed as a victim by the Committee for the Settlement of History for Truth and Reconciliation (hereinafter “The Committee for Settlement of History”) based on such determination, it is reasonable to deem that there are special circumstances to have a trust in the State at least that the State would not assert the extinction of the right by the completion of extinctive prescription, in a case where the victim or his/her bereaved family members exercise their rights within a considerable period of time. Nevertheless, the State’s assertion for the completion of extinctive prescription constitutes an abuse of rights against the principle of good faith and thus, not
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). According to the reasoning of the lower judgment and the record, according to the reasoning of the lower judgment and the record, the Committee for the Settlement of History established under the Act on the Settlement of History, the victims of the instant case, including the Network K, etc., of March 20, 209, are identified as the victims of the case of the