2011Na70413 Compensation for damages

1. A;

2. B

3. C.

4. D;

Plaintiff 4 is a minor, and the legal representative A and B

Korea

Seoul Central District Court Decision 2011Gahap16610 Decided July 22, 2011

5, 2012

6,012. 5

1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.

The Defendant shall pay to Plaintiff A and B 32,816,184 won, Plaintiff C, and D 1,00,000 won each of them, and 5% interest per annum from September 25, 2010 to June 5, 2012, and 20% interest per annum from the next day to the date of full payment.

2. The plaintiffs' remaining appeals are dismissed.

3. Of the total litigation costs, 2/5 shall be borne by the Plaintiffs, and the remainder by the Defendant.

4. The portion paid with the amount under paragraph (1) may be provisionally executed.

1. Purport of claim

The Defendant shall pay to Plaintiff A and B 50,000,000 won each of the above amounts of KRW 2,50,000,000 and each of the above amounts of KRW 2,50,000 to Plaintiff C and D from September 25, 2010 to the date of the instant judgment, 5% per annum, and 20% per annum from the next day to the date of full payment.

2. Purport of appeal

The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiff A and B 40 million won, each of the 1,500,000 won and each of the above 1,50,000 won with 5% interest per annum from September 25, 2010 to the date the judgment of this case is rendered, and 20% interest per annum from the next day to the date of full payment.

1. Basic facts

A. On April 27, 2010, E: (a) entered the Gun and was assigned to the FJ on June 10, 2010; (b) died of his/her own neck with the string of battles by the string of the military units to which he/she belongs on September 24, 2010; (c) on September 20:58, 2010.

B. The Plaintiff A and B are the parents of the Deceased, the Plaintiff C is the subject of the Deceased, and the Plaintiff D is the birth of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4, purport of the whole pleadings

2. Whether liability for damages is established;

(a) Facts of recognition;

1) Family environment and past medical history of the Deceased

The Deceased, who is engaged in broadcasting and sound business, was living together with his father and her full-time father, her full-time mother, her full-time father and her full-time father, was enrolled in the Gun, and entered the Gun. There was no special problem in the previous school and family life, and there was no lack of medical treatment due to mental illness.

(2) The deceased’s character and life in a new illness training unit

At the time of the new illness education, the deceased did not have any special problems, such as receiving a reward with other training soldiers and with excellent shooting records. The so-called so-called so-called the deceased’s education, even the so-called so-called so-called so-called “the so-called so-called “the so-called so-called “the so-called so-called “the so-called” as well as the so-called “the so-called “the so-called” as well as “the so-called “the so-called so-called “the so-called” as well-called “the so-called suicide”

(3) After the relocation of the deceased, the deceased’s lives in the military.

① On June 10, 2010, the Deceased was placed as a unit belonging to the military unit and served as a guard who is in the vicinity of the Blue House, and thereafter, he was unable to adapt to the duties and life as a guard and an string unit. On June 24, 2010, the Deceased, who was placed as a guard, expressed that he would not go from this point of view, and want to go against it, and that he would not go against it, and that he would not go against it by the chairman of the company.”

② On June 26, 2010, the head of the attached military unit had an interview with the deceased on June 26, 2010. As a result, the deceased was aware that he/she was unable to adapt to the small team and that he/she was able to think that he/she was a mixed, and on the same day, he/she had conducted a diagnosis on the deceased by a pulosper, which was subject to treatment, such as drugs.

③ From around that time to July 27, 2010, the commander met the Deceased and took necessary measures, such as having civilian counseling specialists, religious pastors, etc. consult with the Deceased. The commander was notified from a counseling specialist at the time that he/she committed suicide and self-harm on or before July 8, 2010 that he/she committed suicide and self-harm.

4) Management of the Deceased after the suicide of a member of the Central Assembly.

① On July 22, 2010, when the suicide by a serious member, such as the Deceased, committed suicide in a firearms, the problem-related disease occurred in the military unit. On July 22, 2010, the issue-related management issue was raised, the position of the Deceased was changed from the boundary to the large CCTV monitoring disease, and the deceased was designated as a mentor on July 30, 2010. ② On August 2 and 8, 2010, the deceased was determined by the doctor in charge of the suicide at the H hospital with a mental health department, and on August 2, 2010, it was difficult for the doctor in charge to have knee in the new disease training unit, and even after being placed in the workplace, it was revealed that there was a mind that suicide was committed.

③ After that, the Deceased’s use of depression was divided into a large number of dialogues between mentora and mentora who had suffered from adaptation disorder similar to the Deceased. From August 10, 2010 to August 13, 2010, the Deceased temporarily dumpeded due to a new soldier’s leave.

(v) the condition of the Deceased and the measures incidental thereto after the scam.

① From August 24, 2010 to August 27, 2010, the Deceased had been engaged in a headquarters vision camp for soldiers who were unable to adapt to the military life. However, even though a spons had been admitted to a spons with other inmates, it was expected that the spons will take a lot of counseling and counseling with them, but as a result, sponsed with the expectation, it showed a more psychological unstable situation after sponsing the spons. On August 31, 2010, the Deceased applied for an interview to the Head of the Central Headquarters for an interview to propose the transfer of another unit. However, the Deceased refused military life itself and the spons refused to take part in the military life without any special mental problem, and the spons directed the Deceased to refer to disciplinary action by judging that he was avoided from service despite the existence of a special mental problem. However, the interview was concluded on the line that added by the recommendation of the head of the meeting register.

② On August 30, 2010 and September 13, 2010, the Deceased was diagnosed as having been diagnosed as having aggravated emotional clothes. On September 9, 2010 and September 16, 2010, consultation with private counseling specialists, the Deceased expressed that he would be able to see that he would be able to see the symptoms of childbirth, apprehensions, and superscopic, and that he would be able to see that he would be able to do so.

③ At the time, the Deceased was a large number of mentor’s disease, but he took a ten-day leave from September 21, 2010, but the commander did not take measures, such as designating another mentor’s disease against the Deceased.

6) Disciplinary action against the deceased’s book content and the substitute register

① The Deceased’s “Sad Sty”, in the course of committing suicide after the Deceased’s draft, refers to a forest of a person who commits suicide by hanging in a tree on the side of the title, and then makes it difficult to do so. It is also difficult for the Deceased to do so. It is also difficult for the Deceased to do so.

On December 10, 2010, although a mentor's death soldier took a leave of absence on December 10, 2010, he/she was subject to a disposition of reprimand on the ground that he/she violated his/her duty of care and supervision over a person who is likely to commit suicide by neglecting to designate mentor's disease, etc., and was mitigated for six months of disciplinary suspension. 【The ground for recognition, 【The fact that there was no dispute, i.e., A, 1 through 4, 8 through 19, i.e., evidence Nos. 1 through 9 (including spot numbers; hereinafter the same shall apply), i.e., each

1) In order to perform the duty of national defense imposed by the Constitution, soldiers, such as the Deceased, were drafted and performed military service regardless of their will. In light of the characteristics of the military forces, soldiers’ contact or communication with the outside society is restricted during the service period, and their actions are controlled by strict regulations. On the other hand, since the contents of their duties are extremely different from those of the general society due to a large number of military personnel’s physical and mental difficulties, and the extreme choice leads to the occurrence of suicide in the military. As such, the State has the duty to protect and consider soldiers in the military so that they can return to the society in a healthy state by maintaining and preserving their physical and mental health during the service period.

2) In particular, even though the Deceased did not have any mental capacity before being admitted, there was a serious depression to consider suicide in 20,000 after being placed in the military because he was unable to adapt to the military’s duties, and there was a result that he was an object of self-examination, namely, an object of self-examination. Therefore, the commander of the Deceased should carefully protect and manage the Deceased, who is a new disease, and undergo a professional diagnosis and treatment, but did not take any measures other than an interview between a commander and a consulting specialist, until another soldier’s suicide case occurs within the same company. After that, the Deceased’s symptoms were temporarily improved due to hospital treatment and a new sick leave, etc., so that there was no mental problem with the Deceased, and thus, it was more possible for the Deceased to evade his service. In particular, the chief of the central office knew of the fact that the Deceased’s symptoms aggravated after having been employed in the sulpulpary, and did not take any measures to prevent the Deceased’s suicide in the process of consultation with the private sector, and did not take any other measures to prevent the Deceased’s suicide.

However, the plaintiffs asserted that the deceased was subject to harsh treatment and collective bullying from appointed soldiers, but it is not sufficient to recognize it solely with the descriptions of Gap evidence Nos. 5, 9, 10, 14, and Eul evidence No. 1, and there is no other evidence to acknowledge it.

In full view of these circumstances, it is reasonable to view that the Deceased’s suicide was caused by the failure of the commander to thoroughly protect and manage a new disease suffering from a disorder in adaptation to the military adaptation in the unit where the new disease was caused two months prior to the occurrence of the accident, and due to the failure of the commander in charge of the management and supervision, despite the fact that there were many signs of suicide, and caused suicide. Even if the commander at the time took appropriate measures in accordance with the internal manual of the military unit responding to the accident, the commander’s internal responsibility for command as a commander is exempted, it cannot be deemed that the commander fulfilled his duty of care for the soldiers suffering from the military unit where the strict control is controlled to perform his duty of national defense and the freedom of movement is restricted. Accordingly, the Defendant is liable to compensate for damages suffered by the deceased and their bereaved family members due to the above tort by the commander, barring any special circumstances.

C. Limitation on liability

Although commander failed to thoroughly manage the deceased who suffered difficulties due to adaptation, the commander also took measures such as providing counseling and counseling specialists at any time to assist the deceased’s incidental adaptation. As the deceased was also at fault without actively endeavoring to adapt to his/her military life, he/she erred in the extreme choice of suicide. Therefore, the Defendant’s liability is limited to 20% by taking this into account in determining the scope of the Defendant’s liability.

3. Scope of damages.

(a) Actual income:

Based on the following facts and the content of the assessment, it is 248,161,847 won, as shown in the calculation sheet, if it is calculated at the present price at the time of the accident of this case according to the method that deducts intermediary interest by the ratio of 5/12 per month the deceased’s lost income based on the monthly income.

(i) the facts of recognition and evaluation;

A) The deceased’s age, the name of the lease, and the end date of operation: as shown in the separate sheet of account.

(b) Monetary assessment of operating capacity: as shown in the attached Table of Calculation in the ordinary wage of an ordinary worker employed for urban day.

(C) Operating Period: Cost of living from March 11, 2012 to 60 years of age when the deceased’s military service ends: 1/3 of the income.

2) Grounds for recognition: Each entry of Gap evidence 1 to 3, 6, and 7, rule of experience, and purport of the whole pleadings;

1) The deceased’s ratio of responsibility: 80%;

2) Calculation: 49,632,369 won (- 248,161,847 won x 20%).

1) Reasons: The details and result of the accident, the age, occupation, degree of negligence, etc. of the deceased at the time of his death

(ii) the amount determined;

A) Deceased: 10,000,000 won

B) Plaintiff A and B: each of 3,000,000 won

C) Plaintiff C, D: Each KRW 1,000,000

(d) Inheritance relationship; and

1) Amount subject to inheritance: 59,632,369 won (=19,632,369 won for the deceased’s property damage + 10,000,000 won for consolation money)

2) Inheritance amount: Calculation of 29,816,184 won (=59,632,369 won X1/2) by Plaintiff A and B, each of which is 1/2.

1) Plaintiff A, B: 32,816,184 won (=29,816,184 won + 3,000,000 won) Plaintiff C, and D: 1,000,000 won, respectively.

F. Sub-decision

Therefore, it is reasonable for the defendant to dispute against the existence and scope of the defendant's obligation from September 25, 2010, as requested by the plaintiffs A and B with respect to each of the above 32,816,184 won, the plaintiff C and D respectively, and each of the above 1,000 won.

Until June 5, 2012, which is the date of the ruling of the trial court, there is a duty to pay 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

4. Conclusion

Therefore, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed without merit. Since the judgment of the court of first instance is unfair with different conclusions, it is so decided as per Disposition by accepting part of the plaintiffs' appeal.

The presiding judge Kim Gung-jin

Judges Gin-type

Judges Labor-Management Line