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| TITLE | Supreme Court Decision 2009Da72599 Decided June 30, 2011 [Damages] [full Text] |
|---|---|
| Summary | |
| [1] Case where a debtor cannot be allowed to claim that the statute of limitations has run because he is in violation of the principle of good faith [2] The case holding that the State's assertion that the statute of limitations has expired could not be sustained because it violated the principle of good faith based on the following facts; the members of the National Guidance Alliance, an organization that outwardly presented itself as a group of former leftist converts but was actually more of a quasi-governmental organization established and managed by the State, after breakout of the Korean War, were confined by members of the military and police acting under directives from above, and some of them were identified as subject for execution and collectively executed; the government kept a list of the executed persons, etc., but classified these records as level-3 secrets; the surviving families of the victims who did not know the truth regarding this massacre filed claims for damage only after Nov. 27, 2007, when the Truth and Reconciliation Commission which was established based on the Framework Act on Clearing up Past Incidents for Truth and Reconciliation issued the result of investigation, and the State responded by claiming the statute of limitations had expired | |
