거창사건 관련 판결과 소멸시효 항변

초록

The Geochang Massacre which happened during Korean War is excep- tion in that the responsible people were punished. However the matter of compensation is still pending. Even though the bill concerned with the compensation were passed, the government vetoed the act. The bereaved families enter a lawsuit against the government. The judgment was sentenced that the right to claim damages became extinctive due to prescription, and that subsequent damages done on the survival families. But it was reversed by the High Court. In the case of demand the prescription is one of the affirmative defenses in the trial. And the government is treated as a private person in the market. However he should act considering public interest and relationship of mutual trust and is supposed as so. He must not evade his liability for inhumane injury to people. Doing that is nothing but throwing the position as the government. Therefore the government cannot possibly exercise the prescription in this case.

키워드