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[1] Whether extinction prescription regarding the right to file damage claims against the state for a tort committed during public duty that resulted in an individual's abduction to North Korea continues when the individual remains abducted in North Korea (negative in principle).
[2] The meaning and method of judging the ""the date on which the injured party or his agent by law becomes aware of such damage and of the identity of the person who caused it"" provided by Civil Act Article 766 (1), which is the reckoning point of short-term extinction prescription for the right to file damage claims according to the State Compensation Act Article 2 (1).
[3] In a case where civil military worker Gap's tort during duty caused victim Eul to be abducted by North Korea on Oct. 12, 1977, and Eul's wife Byeong and offspring Jeong et al filed a damage claim against the state after Eul's adjudication of disappearance case was declared on Aug. 23, 2005; while there was error in the misapprehension of the legal principle in the court below's assumption that the extinction prescription of Eul's inherent right is completed, there was no such error in deciding that the extinction prescription of his families' inherent rights are completed. ...
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