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TITLE | [Damages(Gi)]Supreme Court Decision 2006Da30440 Delivered on April 24, 2008 [full Text] |
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Summary | |
[1] The meaning of and method to determine ""the date when the victim knew of the damage and the person who caused the harm"" which is when the short-term extinction prescription for a claim for tort damages begins. [2] The case holding that the issue of whether an emergency arrest is valid is primarily with regard to the issue of whether it meets the requirements of emergency arrest; there is room to consider that the consequence of legal evaluation at the time of unlawful act is uncertain under the reasonable person standard; practically, in a case where the validity of emergency arrest is at issue in relevant criminal trial, it can be viewed that the victim knows the damage thereof, practically and concretely, only when the judgment of related criminal case is confirmed later |