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. Around September 28, 1950, the networkF, which caused the plaintiffs' claims (hereinafter referred to as "the network") was in school by the party-interest force who was working in the North Chang-gun of North Korea.

Although the defendant has a duty to protect the people's right to life, he neglected to do so, and thereby, the deceased and his heir suffered mental distress, so the defendant is obligated to pay consolation money of 1.5 million won each to the plaintiffs [=1 million won each = 50 million won (=50 million won of consolation money of the deceased x 1/5 of inheritance x 1/5 of inheritance shares] and damages for delay.

2. Determination

A. As to the cause of the plaintiffs' claim, the defendant did not neglect the duty to protect the lives of the people in relation to the death of the deceased. Even if the defendant's tort liability is acknowledged as alleged by the plaintiffs, the right to claim damages against the defendant has expired by prescription. Thus, the defendant asserts that the defendant is not liable for damages caused by the death of the deceased, and that the defendant's claim

The right to claim damages on the ground of tort is extinguished by prescription, unless it is exercised for three years from the date on which the perpetrator becomes aware of the damage and the damage (Article 766(1) of the Civil Act). However, it is reasonable to deem that the victim, etc., who received the truth-finding decision from the “The Settlement Commission for Truth and Reconciliation” (hereinafter “Settlement Commission”) under the Framework Act on the Settlement of Criminal History for Truth and Reconciliation (hereinafter “Reconciliation Commission”) was aware of the damage and the perpetrator when the truth-finding decision was made (see, e.g., Supreme Court Decision 2012Da4091, Apr. 26, 2012). Thus, the said short-term extinctive prescription expires after three years lapse from the date on which the damage and the perpetrator

On the other hand, the right to claim damages against the country caused by the tort is not exercised for five years from the date of the tort.