There is no legal method that can exercise the right of compensation for the right of the Japanese government since the specific contents and limits of the right of compensation are not legal.

There is no legal method to exercise the right to reward for the large-day private right since the specific contents and limits of the right to reward are not legal.

Article 5 of the Act on the Operation and Management of Claim Funds

Plaintiff

Korea

Seoul High Court Decision 69Na2792 delivered on June 17, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

Even if the Plaintiff’s right of bank in Japan falls under one of the above Japanese government’s private rights pursuant to Article 57 of the Military Court Act, it can not be a claim against the State. Thus, it cannot be deemed as a property right guaranteed by the Constitution of the Republic of Korea. It can only be deemed as a property right guaranteed by the Constitution of the Republic of Korea when the State bears specific obligations to pay it pursuant to the law. According to Article 5(1) of the Act on the Management and Management of Claim Funds, Japan’s private right of claim should be compensated out of the funds of claim prescribed by this Act, which the Republic of Korea should compensate among the above funds of claim, and Article 5(2) of the Act provides that the criteria for compensation, kinds, limits, etc. of the above private right of claim in Japan shall be determined separately by the law, but the right of claim for compensation shall not be deemed as a right of claim for compensation under the Constitution of the Republic of Korea until August 15, 1945, and there is no other way to prove that the right of claim for compensation has not yet been established.

Therefore, the appeal is dismissed by the assent of all participating judges. The costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court