207 Gohap3048 Claims for damages

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2. The plaintiff's address Jeonsan-dong 2

O heading

[Judgment of the court below]

Korea

The legal representative and the Minister of Justice;

Litigation performer ○○○

September 20, 2007

October 18, 2007

1. The defendant shall pay to the plaintiffs 26,102,084 won and each of the above amounts, 5% per annum from June 5, 2006 to October 18, 2007, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiffs, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 82,191,774 won and each of the above amounts with 5% interest per annum from June 5, 2006 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

The following facts are either disputed between the parties, or acknowledged based on Gap evidence 1, 3, 6-1 through 9, 7-1 through 7, 8-1 through 17, 1, 2, 2-1, 2-2, 2-1, and 2, and 3-2.

A. Nonparty A entered the Department of Education at ○ University on March 2004 and completed the first year, and entered the Army on December 8, 2005, and was assigned to the Department of Education at ○ University on December 8, 2005, and was assigned to the Department of Education at 00 B, and the Plaintiffs are parents A.

B. A suffered harsh acts, such as assault and verbal abuse, by a senior officer B and a senior officer C, who belongs to the same major group, as follows:

(1) B, in March 2006, neglected to perform basic duties, such as the maintenance of official documents, at the 35th Sicker’s office and the head of the Gun and the office of the 35th Sicker, and committed an assault against A by cutting off A’s ear through nine times from March 2006 to May 206, on the ground that he did not clean up on March 2006.

(2) In addition, in March 2006, B made verbal abuse to A nine times from March 2006 from March 2006 to May 20 of the same year, on the ground that B erred by misapprehending the information and two soldiers in the information operations and office of the 35th Sickman and office of the 2006.

(3) On March 2006, C made verbal abuse to A on the grounds that it was late in the Taekwondo practice hours at the 35th volunteer group restaurant of the 35th volunteer soldier group, and made verbal abuse to A two occasions, such as “I ambling, spulp,” and “I ambling.”

C. On June 5, 2006, A was found to be a dead body that committed suicide by cutting down the strings of fighting at the Gemansium 35 Embsium cafeteria, the 35th volunteers' reserve forces, and then cutting down the strings of pine trees at the Gemanium (hereinafter referred to as "A").

D. On July 6, 2006, the head officer ○○○, the middle officer ○○, and the personnel officer ○○○○ was subject to disciplinary action for seven days of reprimand or probation, on the ground that he neglected the management of military force, such as not classifying the deceased as an interest soldier. On the same day, 000, the representative commander of the fleet to which the deceased belongs, who confirmed the fact that the military officer B was able to take a bath for soldiers in the summer and B around 2005. However, even though he confirmed the fact that the military officer B would take a bath for soldiers, he did not deal with the law by confirming the fact, but rather did not deal with the law by checking the fact that the military officer B was ice, etc., and was subject to disciplinary action on the ground that he knew that he did not take part in the training time of soldiers for personal training after the Taekwondo team's hours after the Taekwondo team.

E. B was indicted of assault, insult, and Cruel act under the Military Criminal Act as to September 8, 2006 as to the above paragraphs (b) (1) and (2) of the same paragraph, and C was charged as to the above paragraphs (b) and (3) on the same day.

2. Occurrence of liability for damages;

A. According to the above facts of recognition, C, a commander of the deceased, intentionally committed cruel acts such as verbal abuse, assault, etc. against the deceased, and the commander of the unit belonging to the deceased, through various education conducted by the military, could well know about the risk of all cruel acts in the military and the occurrence of a sacrife/suic accident, etc., thereby failing to take such appropriate measures as above, even though he was negligent in failing to take measures as above, inasmuch as he had a duty to prevent cruel acts inside the military unit through education and guidance for soldiers and to manage soldiers who are unable to adapt themselves to military life, and thereby helping them adapt to military life, thereby preventing the occurrence of suicide. Thus, the intentional or negligent acts by the commander of the unit belonging to the deceased and the selected soldiers, such as the above recognized facts, are closely related to their duty in appearance.

In addition, in the military society where strict discipline and collective action are focused, unlike the general society, the psychological and physical suffering that is significantly different from that that of the general society due to the control and closure of the military personnel. The deceased continued to be harsh from March 2006 to the end of May of the same year, and immediately after the cruel act was committed, he was first discovered as of June 5, 2006, and there are no other special circumstances that make it possible for the deceased to attempt suicide, in light of the fact that the cruel act of a commander or an appointed soldier and a military unit commander's negligence was a direct and important cause for the deceased to have the deceased resolve suicide, and thus, the harsh act of a commander or an appointed soldier and the commander's negligence of a commander's duty has a proximate causal relation with the deceased's suicide.

B. Meanwhile, according to the above facts of recognition, the deceased, as well as the commander of the competent military unit, was negligent in making a extreme choice of suicide without demanding correction thereof or making efforts to improve his/her subordinate unit relationship actively. Such negligence of the deceased is a serious cause for the deceased to commit suicide. Therefore, in determining the defendant's liability for damages, it is reasonable to consider the negligence of the deceased as above, but it is reasonable to view that the percentage exceeds 80% in light of all the above circumstances, and thus, the defendant's liability is limited to 20%.

3. Scope of damages.

(a) Actual income:

(1) Facts of recognition and evaluation

(A) Gender: male (or male) date of birth, October 15, 1985.

(c) Name of lease: 54.67 years;

(d) Residential right: the city;

(E) Job and income: The daily wage of an ordinary worker engaged in daily work in the city. The plaintiffs asserted that, since the deceased was in the department of education at the Human University of ○○ University, he could have received a monthly wage of less than one year of experience in the empirical rule. However, in light of the fact that the deceased was in the first year of the university only, it cannot be deemed that the deceased's income as an education-related expert is considerably reliable. Thus, the above plaintiffs' assertion is rejected.

(f) Operating period and operating days: The Deceased’s military service was completed on December 7, 2007, and the period from March 1, 2011 to the age of 60 ( October 14, 2045) after graduation from the university around February 2011 shall be 22 days each of 415 months (56 months from the date of the deceased’s death until March 1, 201, 57 months from the date of the deceased’s death, and less than the last month shall be considered as 57 months for the convenience of calculation).

(g) Cost of living: 1/3 mutual aid;

(2) Calculation

The unit wage rate of 58,883 x 22 days 】 (260.6542 - 51.0465) x 2/3 x 181,020,842 / [Grounds for recognition] Gap 1, 3, 1, 4-1, 2-1, and 4-2 , each entry in this court, and the limitation of liability.

(1) The defendant's liability ratio: 20%

(2) Calculation of property damage of the deceased: 181,020,842 won x 0.2 = 36,204,168 won.

In full view of the circumstances revealed in the arguments in this case such as the deceased’s suicide, the deceased’s age, degree of education, family relationship, etc., consolation money shall be determined at KRW 10 million for the deceased, and KRW 3 million for the plaintiffs.

(d) Inheritance relations; and

The Deceased’s damage claim against the Defendant was inherited by the Plaintiffs, one half each.

E. Amount of award by each plaintiff

Each 26,102,084 won (=36,204,168 won + 10,000,000 won) x 1/2 + 3,000,000 won) 4. Conclusion

Therefore, the defendant is obligated to pay the plaintiffs 26,102,084 won and each of the above amounts to the plaintiffs 26,102,084 won and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 5, 2006, which is the date of the accident of this case to October 18, 2007, which is the date of this decision, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiffs' claims are justified within the scope of the above recognition, and the remaining claims are dismissed as it is so decided

The presiding judge, judge and deputy judge;

Judges Kim Gin-han

Judges' Senior Film Screening