Gangwon-gu Armed Forces

Law Firm Doz.

[Defendant-Appellee]

Head of △△△△

2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 20, 2003, the Plaintiff, the father of the Hebale Blue House, filed an application for the protection of a doctor on the ground that, around 15, 2003, the Deceased was dead on the ground that: (a) around 15, the Plaintiff, the father of the Hebale Blue House, was trying to seek the protection of a doctor on the ground that: (b) around 15, the Deceased was the deceased, who was in the front of the Guleong-gun Village, who was a flue of the Gule-

B. On August 5, 2004, the Defendant rendered the instant disposition rejecting the said request on the ground that the deceased’s act cannot be deemed as an act of seeking another person’s life at the time of the instant accident, and thus, it does not constitute a deceased person.

[Ground of Fact-finding: No dispute between the parties, or described in Gap evidence 1, Gap evidence 2-1, Eul evidence 2, Eul evidence 3-1, 2-2]

2. Whether the instant disposition is lawful

(a) Relevant statutes;

[The Honorable Treatment of Persons Wounded and Dead for Public Good]

Article 2 (Definitions)

(1) For the purpose of this Act, the term "person killed in action" means a person who was killed in action, other than his/her duties, for relief from an imminent danger to another person's life, body, or property, and a wounded noble person killed in action

Article 3 (Scope of Application)

This Act shall apply to the following cases:

3. Where a person is killed or wounded for righteous causes while saving the life or body of another person who is faced with danger and injury due to a natural disaster or other flood such as flood, fire, building collapse, or collapse of stable or embankment, etc.;

B. The plaintiff's assertion

On the day of the instant case, the deceased, while playing water at a simple bathing beach with five friendships on the day of the instant case, she considered that Nonparty Kim Jong-tae, who was out of the outside of the world, was a prudented to the coast, and re-enters the sea to the sea, and received it from the bottom of the development of Kim Jong-si, so that he can unfold him to the coast, and eventually, he was killed and wounded for the deceased and wounded for the first time, and therefore, he constitutes a deceased noble person as prescribed by the Act on the Honorable Treatment of Persons of Distinguished Service for the Deceased and wounded for the reason that he was killed and wounded for the first time.

Nevertheless, the Defendant deemed otherwise and the instant disposition was unlawful. As such, the foregoing disposition ought to be revoked.

다. 사실인정 ( 1 ) 망인은 2003. 8. 25. 같은 초등학교 5학년 동기로서 친구 사이인 소외 김□□ , 오OO, 이 ■■, 김△△, 강◎◎과 함께 하교 후 14 : 20경 가진리 간이 해수욕장에서, 무릎 아래 높이의 바닷물에 들어가 몸을 바다 쪽으로 향하여 밀려오는 파도에 부딪혀 버티거나 넘어지는 식으로 물놀이를 하고 있었다 . ( 2 ) 위와 같이 놀기 시작한 지 30 ~ 40분 정도 경과 후 오○○이 바닷물 깊이가 무릎 정도에 이르는 더 깊은 곳으로 들어갔고, 김□□도 오○○을 따라 들어가 그와 비슷한 위치에 섰으며, 그 뒤로 망인, 망인 뒤로 이■■, 김△△, 강◎◎ 이 위치하여 위와 같이 물놀이를 하고 있는데, 갑자기 큰 파도가 밀려왔다 . ( 3 ) 이 때 제일 깊은 곳에 있던 김□□과 오○○이 파도에 휩쓸려 더욱 깊은 곳으로 밀려들어갔는데, 오○○은 다시 닥친 파도에 밀리면서 헤엄을 쳐 해안가로 빠져나 왔고, 김□□은 계속 허우적거리다가 누군가 물속에서 자신의 발을 위로 밀어 받쳐주는 느낌을 받은 후 몸이 떠올라 수영 ( 배영 ) 을 할 수 있게 되어 해안가로 빠져 나올 수 있었다 .

(4) After that, the deceased was missing, and he was sunk into the sea near the site of the accident. 16 :0 20 : 20.

(5) After leaving the shore, Kim Jong-tae thought that the deceased had her frighten distance by pushing his her frighten, and that he had her frightened to his frighten, and that he had her frightened to his frighten, and that he had her frightened to his frighten.

(6) The deceased could not be able to see the swimming. (7) The above bathing beach was frightened by water lights in the rain prior to the time of the above accident and flown by water speed.

【Fact-Finding: Evidence No. 4-1, 2, 4, and 1-2, 3, 4, and 5-2, 3, 4, and 5 of the evidence, and the purport of the entire testimony and arguments of Kim △△△△△;

D. The judgment of the court below, first of all, as to whether the deceased entered the sea in order to rescue the Kim Jong-ri, and was pushed ahead of or was pushed down with Kim Jong-ri Kim, the health unit as to whether the deceased entered the sea in order to rescue the Kim Jong-ri, and as to whether the deceased was shot-ri, and as to the evidence that seems consistent with the above, there were some statements in the evidence No. 3-1, No. 2, No. 1, No. 4-1, No. 4, No. 5, No. 1-2, and evidence No. 1, No. 1 of the witness Kim Jong-ri, but the above evidence was proved by the prosecution of Kim Jong-ri

28. When being examined for the first time at the police, it is hard to say that the deceased was aware of without a mind, but he made a false statement, or that the third party made a statement, as seen above, that he did not know that the deceased would have been able to rescue the people, and that the rescue act like the above assertion is difficult to be viewed as an ordinary method to rescue the people, and that it is difficult to see that the deceased would have been able to act by selecting the above structural method in the situation where the deceased was able to rescue the people, and that it is difficult to see that the deceased was able to act with a large degree without being able to do so. In light of the above, it is difficult to believe that this is not, and there is no other evidence to acknowledge this.

Rather, at the time when Non-party Kim Jong-dong was sleeped that he was sleeped by the body of his body in the water speed, the deceased was sleeped by the strike, and even if he was sleep, he seems to have caused a situation in which part of his body was sleeped by contacting Kim Jong-ri's the body, such as the sleep of Kim Jong-ri.

(2) Next, even if the deceased was in a situation that she was tightly pushed off in the wave as seen above, and then pushed down Kim △△, if the she was in a situation that she was faced with Kim Jong-do, the coast route she was moving back to the sea in order to seek the distance, and when she was in a situation that she went into the sea again, she could be deemed to have commenced an act of seeking another's life at risk. Thus, it can be deemed that there was a commencement of the deceased's act of seeking another's life at risk. Thus, the deceased's she turned back to the coast when she was in a large degree of the accident and turned back to the sea again to the sea in order to seek Kim Jong-ri, etc., she cannot be trusted in light of the statements of evidence No. 4-2 and evidence No. 4, and there is no other evidence to acknowledge that the witness's testimony by the witness Kim △△△, as seen above, and there is no other evidence to acknowledge that the plaintiff's testimony No. 1, No. 42, and No.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case is dismissed as it is without merit.

판사 ΔΔΔ

Judge Dog Doe-gu