손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiff A entered the Army Training Center on October 15, 1990, and completed the basic training at the Technology Branch School from December 10, 1990 to January 26, 191, and served for the main technical skill training at the Technology Branch School on January 31, 1991, and was assigned to the CSupply Complex. On October 22, 1992, the plaintiff A was diagnosed by the Cho Chang-dong Hospital and was discharged from military service on January 17, 1993.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1-1 and 2-3 of evidence Nos. 1-3, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted that the Plaintiff A was judged at the first physical grade before entering the police station and was in a healthy state with no mental illness. On October 192, 192, while serving in the police station in the sick and wounded in the police station, the Plaintiff A was subject to cruel acts, such as making the head of the police station from a middle-ranking person who belongs to the same military unit to the wharf via the wharf, and driving the telegraph, etc., and caused depression.
Therefore, pursuant to Article 2(1) of the State Compensation Act, the Defendant is obligated to pay the Plaintiff’s 130,000,000 won in total (10,000,000 won in total, which is a part of the daily income), and 20,000,000 won in consolation money to the Plaintiff’s her mother, respectively, pursuant to Article 2(1) of the State Compensation Act.
B. The Defendant’s assertion that there was no suspicion in the military against the Plaintiff A, there was no evidence to acknowledge that the Plaintiff’s psychological disorder occurred due to the cruel acts in the military, and even if the Defendant is recognized as the State’s liability, the Plaintiffs’ claim for damages expired after the statute of limitations.
3. According to the statement No. 2-3 of the judgment of the court below, although it is recognized that the plaintiff A was diagnosed on Oct. 22, 1992 when he was in the military service on Oct. 22, 192, the above facts of recognition and the evidence No. 2-1 and No. 2-2, the result of the party himself examination of the plaintiff A, and the result of the request for physical examination of the head of Seoul Medical Center by this court alone, the plaintiffs' assertion is harsh in the military.