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(영문) 서울중앙지방법원 2021.01.14 2020나987
손해배상(국)
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

Reasons

1. The court's explanation on this part of the basic facts is identical to the pertinent part of the reasoning of the judgment of the first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination:

A. The Plaintiff’s assertion that the Defendant had a duty to thoroughly investigate the cause of the deceased’s death and to fully respond to the treatment of the bereaved family members. However, the investigator of the Air Force 3 Training Team affiliated with the Defendant was concealed for 20 years since the death was caused by mental distress from the appointed soldiers due to the defective investigation into the instant accident. ② In accordance with the amendment of the relevant Act in 2011 and the Supreme Court’s decisions, even if a soldier committed suicide while serving in the military, he did not conduct the instant accident or failed to inform the Plaintiff of the procedures related thereto even though the soldier was treated as a person of distinguished service to the State or a person of distinguished service. ③ Even though the Seoul Regional Veterans Association recognized the deceased’s death as the deceased’s death on January 15, 2017, the Seoul Regional Veterans Administration rendered a decision equivalent to the deceased’s person of distinguished service, and then revoked the said decision through administrative litigation, and paid the Plaintiff benefits under the Patriots and Veterans Compensation Act (hereinafter “Compensation Act”).

Due to such unlawful act by the defendant, the plaintiff suffered property damage from May 1, 1996 to October 201, 2017, for which the bereaved family members of the deceased could not receive reasonable benefits, and mental damage due to delay in compensation procedures.

Therefore, the Defendant is entitled to receive the payment of KRW 85,365,280 (70% of the benefits paid to bereaved family members of the persons of distinguished service to the State from May 1996 to June 2012), ② KRW 52,09,800 (the benefits paid to bereaved family members of the deceased military and police officers from July 2012 to September 2017), ③10,08,000 (the benefits paid to bereaved family members of the deceased military and police officers from February 2009 to September 2017).

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