민사 확정판결 기판력의 시적범위의 한계 - 국가배상청구 관련 위헌결정을 중심으로 -

Unlike criminal cases, civil trial is judgement about changing judicial relationships. So the RES JUDICATA of confirmed civil judgement has a limit that is difficult to recognize indefinitely. Supreme Court of Korea is also clarifying reasons for exception of RES JUDICATA when a new reason arises after the decision is confirmed. Recently, Constitutional Court of Korea made a decision of unconstitutionality to extinctive prescription period of state compensation. In this regard, a review yet to be made as to whether the court can recognize the exception of the RES JUDICATA if the litigant file another lawsuit in the future. Based on the Supreme Court of Korea’s precedents, ① the nature of a subject-matter of lawsuit, ② reasons for litigant’s failure to use the offense and defense methods, ③ the severity of consequences caused by application of RES JUDICATA, ④ Effects caused by application of RES JUDICATA could be set as elements for determining the limit of RES JUDICATA. If the court, without revising the law, examines the limit of RES JUDICATA under current legal framework, it is expected to reduce the social costs incurred in the court’s repeated trial and legislative process and minimize the infringement of the litigant’s state compensation claims.