207 Gaz. 24353 Claims for damages

1. P1 (43-years and Residuals);

2. P2 (Year 57 and Female)

3. P3 (P35 Years and Females)

[Defendant-Appellant] Defendant 1

Korea

The legal representative Kim Minister of Justice

The Prosecutor Kim Jong-Un, Public-Service Advocates Movement, Kim Sejong-jin, Lee Sang-hoon, and Military Law of the Litigation Performers

Unauthorized immigration punishment;

November 14, 2008

November 28, 2008

1. The defendant pays to the plaintiff P1 36,190,800 won, 35,440,800 won to the plaintiff P2, 2,000 won to the plaintiff P3, 5% per annum from September 26, 2006 to November 28, 2008, and 20% per annum from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the costs of lawsuit, 1/2 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 plaintiff P1 78,881,600 won, 75,881,600 won to the plaintiff P2, 3,000 won to the plaintiff P3, and 5% per annum from September 26, 2006 to the date of the pronouncement of this case, and 20% per annum from the next day to the date of full payment.

1. Basic facts

The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry described in subparagraphs 1 through 3, 5, 6, 8, 13, 15, 16, 17, 19, 24, 25, 29, and 30, and 5-1 through 3, 5, 6, 8, 13, 15, 16, 17,

A. Status of the parties

On June 5, 2006, the network A was temporarily absent from the time of attending the P University 1 year, and was assigned to the Gun on June 5, 2006, to the 00 volunteer troopss of the 00 volunteer troopss of the 00 volunteers of the 00 volunteers of the 00 volunteers of the Army under the Defendant’s control, and was in active duty service on September 26, 2006 (hereinafter referred to as “the deceased”), Plaintiff P1, and P2 are the deceased’s parents, and Plaintiff P3 are the deceased’s members.

(b) Incidental life of the deceased;

(1) The Deceased was judged to have failed to pass the check of personality (KPE) at the time of entering the association’s new disease education unit as “personal adaptation, etc. to the personal relationship.”

(2) 망인은 2006. 7. 20. 소속대 전입 후 업무미숙 등을 이유로 선임병들이나 간부들로부터 잦은 질책 및 욕설 등을 들었으며, 같은 달 말경 선임병인 상병 B로부터 식사를 늦게 하러 나왔다는 이유로 잔반처리하고 남은 햄패티 소스를 먹을 것을 수차 강요받았다. 이러한 일을 겪은 후 망인은 2006. 8. 5. 중대 행정반에서 인트라넷 여단 홈페이지의 여단장과의 대화방에 "정말 힘듭니다. 왜 자살하는 군인이 있는지 알겠습니다. 잘해주시는 선임도 있지만 정말 말도 안 되는 핑계로 갈굼을 당하고 있습니다. 스트레스 때문에 미칠 지경입니다."라는 내용의 글을 익명으로 올렸다.

(3) At the time when the Deceased’s writing was written, the injury and disease C, together with the administrative team, reported the fact to the division commander. As a result, the serious members belonging thereto received ices for one hour, and the members belonging thereto came to know of all the facts that the Deceased posted the above writing. Even after these days, the Deceased received 2 and 3 times a day from the senior and the executive officers and heard severe desire.

(4) On August 8 of the same year, the mid-term commander who received a report on the above facts did not report to the large-scale commander, but did not take any other measures on the ground that the positions of the deceased were assigned to the large-scale commander as a wood soldier from the Ministry of Administration and Home Affairs, changed the deceased’s small team from the two small groups to the first group, selected the deceased as a special protection inspector, and completed this problem itself.

(5) On August 16, 2006, the above scams B2, which were military chaplain soldiers belonging to the company, listen to the words "the number of times I think of suicide was frequent" in the interview with the deceased, and notify F of this to G of the mid-term ledger F and G of the deceased, but F and G did not take any special measures against them.

(6) 망인은 2006. 9. 1.부터 같은 달 5.까지 신병위로휴가기간 중 친구 H, I에게 "선 임병들이 힘들게 해서 인트라넷에 올렸는데 이 사실이 알려져 더 힘들게 되었다. 자살하고 싶다."고 말하였고, 어머니와 누나에게도 "선임이 강제로 햄패티 소스를 먹으라고하여 자존심이 상했었다. 특히 간부들이 확인시 완전히 부인하는 모습을 보고 더욱 기분이 나빴었다.", "군 생활 중 내가 죽을 것 같은 느낌이 든다."라고 말하였다.

(7) A person who was less than 12 months transferred to the military discipline, was qualified as a person who passed the 1-3 promotion test of Taekwondo, and was qualified as a person who passed the 1-3 promotion test of Taekwondo, but the F had the deceased transferred for two months, applied for the Taekwondo team test on September 21, 2006, and only the deceased was disqualified from the 11-person who participated in that team test.

(c) suicide of the deceased;

(1) On September 26, 2006, the Deceased’s death had been evaluated on his/her off-site training. At around 07:50, the Deceased was charged with his/her personal duty card b, etc. Around 07:50; ② at around 09:10, the small team leader K discovered that the number of ball cartridges separated from his/her own bomb, which was short of one bomb among the number of ball cartridges separated from his/her bombs; ③ the 11:40 bombs were conducted with bad attitude expected from his/her bombs, without responding to questions of the appointment of his/her bombs, followed the Deceased’s instructions to prepare bombs and bombs, and followed the Deceased’s instructions to prepare 11:5 bombs and 3 bombs and 3 bombs, the Deceased’s instructions to prepare bombs and 140 bombs.

(2) At around 19:30, C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C

(3) Meanwhile, at around 18:40, the captain G, the company commander, and the company commander F, who are the commander of the deceased, should check and check the personnel and equipment after the completion of the 18:40 large-scale tactical training. The warehouse discovered by the deceased was in the state where the entrance was opened even after the day and time of the instant accident, without any separate management due to the b5 large-scale tactical training evaluation, etc. in charge of the administrative distribution center b5. The storage was in the state where the entrance was opened. The storage was in the storage, such as gasoline, improvement, wire ropes, mainboard, and bridge.

(d) the punishment of persons concerned;

(1) A military investigative agency’s investigation of suicide by the deceased, the sick L is subject to each disciplinary measure of 7 days in a ward, and 10 days in a ward B.

(2) On the other hand, Captain, who is the superior of the Deceased, F, so-called G, and Y5 were referred to the Disciplinary Committee, and were given each warning disposition on the grounds of neglecting the direction and supervision.

2. Occurrence of liability for damages;

(a) Occurrence of liability;

According to the above facts of recognition, a wounded soldier B, from among the selected soldiers of the deceased, caused severe saves such as forcing the deceased to drink saves, neglected to check and check the deceased's physical conditions beyond the point of education level, such as continuing to saves or verbal abuse, etc., and the commander of the unit to which the deceased belongs did not prevent such bullying, etc., and the commander of the unit to which the deceased belongs did not take measures to prevent such bullying, etc., and even though he discovered the deceased's suicide through personality examination as a result of the deceased's personality examination, notice notice of the deceased's human nature, and consultation with the religious branch, etc., he did not change the position of the deceased and did not select the deceased as a special protective officer, even if he did not perform any instruction and supervision other than that of the deceased's suicide, which can be used in suicide, and neglected to check and check the condition of saves and saves, etc. of the deceased's physical behavior and injury caused by violent behavior.

B. Limitation on liability

On the other hand, according to the above, although the deceased was exposed to serious quality, verbal abuse, and bullying from the selected soldiers, it is difficult to view that the degree of the deceased’s injury falls under a serious part of the deceased’s occupational failure that is considerably difficult to check based on his common physician’s disease. The above situation is not overcome through active efforts to improve the relationship with the commander, and to improve the relationship with the appointed soldiers, and to take active measures for their own duties, and to end only passive response, the deceased’s negligence caused the death. In addition, the situation where the deceased’s commander, etc. was replaced to the position of the deceased and selected as a special protective officer, and the situation where the deceased’s commander, etc. was selected as a special protective officer’s disease is not limited to the defendant’s duty to compensate for the death of 2% of the deceased’s mental distress caused by the military life, considering the above circumstances, the deceased’s duty to compensate for the injury is not completely limited to the extent of the defendant’s injury.

3. Scope of damages.

(a) Actual income:

The loss of lost income equivalent to the total monetary value of the capacity of the deceased lost due to the accident in this case is calculated at the present price at the time of the accident in this case according to the discount method which deducts intermediary interest at the rate of 5/12 per month based on the facts of recognition and evaluation as follows: (1) 203,526,400 won.

(1) Facts of recognition and evaluation

(a)gender: Date of birth of male: on December 1986, the age at the time of death: on September 23, 1989: 57.4

(B) The maximum working age and the number of monthly working days: The 22th day of each month from June 5, 2008 when the deceased completed his military service for 24 months to December 2, 2046, when he was discharged from the deceased: The monetary evaluation of the capacity to operate KRW 57,820, the daily wage of the ordinary part for urban day as of September 2, 2006 (d): The average monthly income of KRW 1,272,040 (=57,820 x 22) (e) the living expenses of KRW 1/3 of the income.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Gap evidence 5-29, and 30, each of the records, facts with merit in this court, the purport of the whole pleadings]

(2) Calculation

(A) From June 5, 2008 to December 2, 2046, the maximum working age, which is 60 years of age, is the maximum working age, as from June 5, 2008.

(b) 57,820 won ¡¿ 22 days ¡¿ 2/3 ¡¿ 240 (applicable only to 240 to avoid excessive compensation) 203,526,400 won.

(b) Funeral expenses: 3,00,000 won paid by the Plaintiff P1; and

(1) The defendant's liability ratio: 25%

(2) Calculation

(A) The deceased’s lost income of KRW 203,526,40 x 25% = 50,881,600

(B) Funeral expenses of Plaintiff P1 x 25% = 750,000 won

(d) Condolence money;

(1) Reasons for consideration: The deceased's age, family relation, property and educational degree, circumstances and results of the accident, and other circumstances shown in the arguments in this case.

(2) The amount determined;

(a) Deceased: 10,000,000 won

(B) Plaintiff P1, P2: each of 5,000,000 won

(C) Plaintiff P3: 2,000,000 won

(e) Inheritance relationship;

(1) Inheritor: Plaintiff P1 and P2

(2) Inheritance amount: 60,881,600 won (=actual income of 50,881,600 won + 10,000,000 won + 30,440,800 won each: 30,440,800 won (=60,81,600 won x 1/2)

F. Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff P1 KRW 36,190,80 in inheritance + Funeral expenses + funeral expenses + funeral expenses + KRW 750,000,000 + consolation money + KRW 35,440,800 in inheritance + KRW 5,440,800 in inheritance + KRW 5,000 in inheritance + KRW 5,000 in inheritance + KRW 5,000 in inheritance + KRW 30,440,000) with respect to the Plaintiff P3 and each of the above payments from September 26, 2006, which is the date of the instant accident, to the Plaintiff 2,00,000 consolation money and KRW 5% in annual interest as prescribed by the Civil Act from September 28, 2008, which is the date of the instant judgment, to the next day, and to the day of full payment, damages for delay calculated by 20% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

4. Conclusion

Therefore, the plaintiffs' claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

The chief judge, chief judge and associate judge

Judges Geman-type

The chief of judge;