beta
(영문) 서울중앙지방법원 2019.01.18 2017가합584580

손해배상(국)

Text

1. The defendant shall pay to the plaintiffs the amount of KRW 41,180,666 and each of the above amounts from December 13, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiffs are siblings of the deceased G (hereinafter “the deceased”).

B. On December 30, 1989, the deceased joined the Gun and transferred it to the H of the Second Army Command (hereinafter “affiliated”) on September 1, 1990, and promoted to the Second Class on February 1, 1993, and was on duty as the senior staff member and the head of the Gun on January 21, 1994 while serving as the senior staff member in charge of the Gun, the deceased was causing death by launching one of K-1 ball cartridges from the affiliated storage to its uniforms. < Amended by Act No. 4398, Jan. 21, 1994>

(hereinafter referred to as “instant accident”). C.

As to the instant accident, the military investigation agency, including the second military police commander of the Military Command and the Ministry of Justice, etc. (hereinafter “military investigation agency of the instant case”), concluded that the Deceased committed suicide with the view that the Deceased’s suicide was committed in a complex, such as learning on the female-friendly Gu, and failure to perform the night specialized education following the selection of long-term service.

On November 9, 2015, Plaintiff D, a punishment of the deceased, applied for a civil petition demanding the discovery of truth through a reinvestigation because it is impossible to believe the contents of the instant military investigative agency’s announcement on the motive for suicide of the deceased.

On September 30, 2016, the Ministry of National Defense’s Investigation and Investigation Headquarters did not record the statements of other auxiliary members, other than the mid-term service in the investigation records, as to the contents that the deceased was absent from the selection of long-term service failure, the visit of the deceased, and the female problem, and the witness between reinvestigations made a statement that the contents of the deceased were not known or that the contents were not true, and thus, the cause of suicide in the investigation records is investigated to be low credibility. ② The deceased, from time to time on the ground of work night, was assaulted on the back to the back by hearing the desire, such as the chrop, the chrop, the chrop, and the chrop, etc., from time to time, on the ground that the head of the immediate superior head of the deceased was sexually ill, and in particular, it is serious stressed that the above flabed “I