국가배상청구권의 소멸시효

Abstract

The Supreme Court decision admitted the additional exception of the progressing on the extinctive prescription about exercising a state compensation claim with the sustaining of being kidnapped. That case is related to being kidnapped to north korea by airplane on October 12th in 1977. The military affairs man had been kidnapped to North Korea by his colleague could not inform his idea with a written complaint to South Korea. His family living in South Korea sued South Korea for the state compensation claim to the district court on December 22 in 2007. The Supreme Court reversed the decision of a lower court. The Supreme Court admitted the additional exception of the progressing on the extinctive prescription for plaintiff’s inherited damage. But The Supreme Court admitted the defendant’s defense of extinctive prescription on the inherent damage right of the family and rejected the plaintiff’s assertion on the abuse of rights of defense of extinctive prescription. I agree to the Supreme Court’s admission on the additional exception of the progressing on the extinctive prescription. But I don’t agree to the rejection on the plaintiff’s assertion on the abuse of rights of defense of extinctive prescription. Because the state’s defense as defendant should be pure and admissible to the citizen’s law sentiment. In this case it is difficult to accept the reasons of decision. If the jurisdiction of state compensation act case is transferred from the civil court to administrative court as a (public) party litigation by the amendment of Administrative Litigation Act, the application of civil law should be restricted and also Administrative Litigation Act should be complemented fully as an independent public legal system.