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(영문) 서울중앙지방법원 2014.11.28 2014가합513396
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 4, 2013, D (E) entered the Army for compulsory military service and completed the education of new soldiers at the 25th Sick Education Team for the Armed Forces of the 25th Sick Education Team, and on July 29, 2013, D (E) was placed as the 72th Central and Medium Class 7 of the 25th Sick Education Team for the 25th Sick Education Team (hereinafter “EF”).

B. D, around 05:05 on August 3, 2013, 2013, at around 50,000, 50 days after being placed as the above affiliated unit, cut off by itself the 1st of K-413 lightweight 1, while serving as a general electric field boundary (GOP; hereinafter “GOP”).

C. The plaintiff A is the father of the deceased D (the 20 years old and over 3 months old at the time of death; hereinafter "the deceased"), the plaintiff B is the mother of the deceased, and the plaintiff C is the arsen of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion is the cause of the claim in this case. ① The defendant was negligent in neglecting the results of the examination of the service suitability examination in the selection of GOP workers, and neglected the management and supervision of depression, etc. even after the deceased transferred to the unit to which he belongs; ② the deceased was put into the GOP boundary duty without conducting physical education and dynamic education, and GOP education, etc.; ② the deceased was negligent in paying balls and shots to the deceased in violation of the provision on payment of balls and shots; ③ the deceased was negligent in paying balls and shots to the deceased; ③ the fear caused by the change of an absent environment and assignment of a military unit; ③ the deceased’s continued training for 20 hours or more without sufficient rest on the date of his death; and thus, the deceased and his bereaved family members were negligent in supervising the deceased by neglecting physical stress, etc. due to continuous training for 20 hours or more without sufficient rest on the date of his death.

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