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(영문) 광주지방법원 2014.10.02 2014가합4943

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 25, 2013, the parties (1) C (D) were admitted to the Army Training Center and received education on November 25, 2013, and were transferred to the Headquarters of the Third Air Force of the Army on January 6, 2014 (hereinafter “affiliated”) and was on duty as F, from April 4, 2014.

4. Until July 2, 200, the Plaintiff died on April 7, 2014 at one’s house located in G during Mapo-si, G, and died at around 02:40.

(2) The Plaintiff is the mother of C, and the Plaintiff B is the partner of C.

B. On September 1, 201, C was judged as “native” as the result of a new personality test conducted by the Military Manpower Administration on September 1, 201, which was previously admitted.

(2) On November 26, 2013, C entered the Army Training Center, as a result of the examination on the level of service suitability conducted by the Army Training Center, “A may engage in emotionally uneasiness and impulse conduct,” and was identified as a result of partial character disorder, but was judged as a whole as “nick.”

(3) (A) On January 14, 2014, after the transfer to the affiliated department, C was determined as “in danger of self-harm” as a result of the military life adaptation test conducted on the same day, and as a result of the aptitude adaptation test, C was determined as follows: “In other words, it is predicted that military life has additional adaptation or possibility of accidents, and that it is necessary to provide immediate expert assistance and assistance.”

(B) Among the description of the detailed scale of the examination, there was a provision that “I need to undergo difficulties in performing their duties due to the lack of basic abilities required in military life,” and in the part of military adaptation, “I need to undergo psychological counseling and support for the relevant sick person so that I can adapt to military life because I feel well-being, suscence, sense of sense of view, and inasmuch as military life is not common enough, I need to undergo psychological counseling and support for the relevant sick person so that I can adapt to military life.” In the part of the psychological health, “I might have a possibility of self-injury or desire,” “I might have a specific suicide plan and suicide attempt experience,” and “I might have difficulty due to psychological trauma or stress.”