209Nu39249. Revocation of a decision equivalent to the bereaved family member's bonus

Over 00 (00000 - 00000)

City City:

Attorney Park Young-young, Counsel for the plaintiff-appellant

10 The Administrator of the Veterans Branch Office

Litigation Performers 100

Suwon District Court Decision 2009Gudan1796 Decided November 9, 2009

June 8, 2010

June 29, 2010

1. Revocation of a judgment of the first instance;

2. The Defendant’s decision on December 17, 2008 as to whether a person of distinguished service to the State is a bereaved family member shall be revoked.

3. All costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. The plaintiff is the mother of the deceased HanO (hereinafter referred to as "the deceased"). The deceased entered the Gun on June 8, 2004 and served as the 112 sponsor after moving into the police station on July 300, 2004, while serving as the 112sponsor.

11. 11: At around 20, the person committed suicide by binding the string to the steel structure after the parking lot within the 00 police station.

B. On August 11, 2008, the plaintiff asserted that the deceased's death constitutes "the deceased's bereaved family member who died on duty" as stipulated in the "Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act") because the deceased's major depression and early mental symptoms that occurred during the training led to the defendant's suicide due to the aggravation of serious stress due to her failure to adapt themselves to his duty and internal affairs after the separation, etc., and the deceased's death constitutes "the deceased's death on December 17, 2008." However, on the ground that it is difficult to recognize the proximate causal relation with the military duty, the defendant made the corresponding decision on the deceased's death as bereaved family member(hereinafter referred to as "the disposition in this case").

[Ground of recognition] A without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Relevant statutes;

Article 4 (Persons of Distinguished Service to State)

(1) Persons who have rendered distinguished services to the State and their bereaved family members, etc. (including persons specified by any other Act as eligible for honorable treatment, etc. under this Act) falling under any of the following subparagraphs shall be entitled to honorable treatment

5. Soldiers or policemen who died on duty: Persons falling under any of the following items:

(a) A soldier or policeman who died in the course of education and training or in the performance of duty (including a person who died of a disease caused by official duty);

(6) Where a person meeting the requirements for persons who have rendered distinguished service to the State under paragraph (1) 3 through 6, 13 or 14 dies or is wounded due to any of the following causes, he/she shall be excluded from persons who have rendered distinguished service to the State, their bereaved family members or families registered pursuant to paragraph (1) and

4. Where self-harm is done.

3. Whether the instant disposition is lawful

A. The purport of Article 4(6)4 of the Act provides that the case of death due to self-injury is not registered as a person of distinguished service. The reason is that the result of self-injury that a person of distinguished service recognizes the meaning and result of suicide while having normal mental capacity and free will is not directly connected to his/her duty, but rather, it is conducted under the awareness that he/she would avoid performing his/her duty in an extreme manner, and thus it is contrary to the purport of recognizing and compensating a person of distinguished service to the State. Therefore, in cases where a person of self-injury lacks normal mental capacity or free will at the time of self-injury, it shall not be deemed that the self-injury constitutes death

(b) Fact of recognition;

1) On October 23, 1984, the Deceased was on temporary leave from school in the first year of 000 university as of October 23, 1984, and on June 8, 2004

On the 15th of the same month, a person entered the 102 Supplementary Team and was exclusively assigned to the 15th of the Army Education Team at the 15th of the same month.

2) During the physical examination conducted by the Military Manpower Administration prior to the Deceased on September 15, 2003 with respect to the Deceased, the Deceased was given normal judgment. However, as a result, the Deceased’s physicalization (90), coercion (72), Mail Civils (75), Mali (70), Mali (71), and 86), Maliology (86), Maliology (86), Maliology, 90 - R (a simple mental diagnosis, nine symptoms level is divided into at least 70 points), and the Deceased was found to have avoided access to others and refused to talk through the sexual examination.

3) According to the observation and interview held by the above believers Escopian Escopic Escopic Espopic Espopic Espopic Espopic Espopic Espopic Espopic Espopic Espopic Espopic Espopic Espopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicspopicsp

4 ) 망인은 2004. 7. 30. 00 경찰서에 타격대 전투경찰순경대원으로 배치되었는데 , 당시 위 경찰서의 전 · 의경은 모두 16명 ( 전경 11명, 의경 5명 ) 으로서 그 중 수경이 12명, 상경이 2명, 일경이 1명이었고, 망인은 16번째 서열로 제일 막내였다 . 5 ) 정문근무는 타격대 대원의 임무로서 원래 타격대 정원이 10명이 다 찼을 경우에는 2인 1조로 2시간씩 근무를 하게 되어있으나 망인이 타격대에 배치될 당시에는 타격대 인원의 부족으로 2인 1조로 교대가 되지 않아 주간 ( 08 : 00 ~ 21 : 00 ) 에는 1인 1조로 1시간씩 근무를 하고 야간 ( 21 : 00 ~ 08 : 00 ) 에는 2인 1조로 2시간씩 근무를 하였다 . 6 ) 00경찰서 정보보안과에서 작성된 신임대원 적응계획에 의하면, 신임대원의 전입 2주간은 경찰서 생활에 대한 두려움 등으로 심리 상태가 가장 불안한 때이고, 내무생활에 대한 예비교육이 없어 업무가 미숙하여 이것이 구타 · 가혹행위로 이어지며, 근무의욕을 상실하게 되어 자살 · 자해, 복무이탈 등 자체 사고로 연결되므로 충분히 부대에 적응된 후 근무 및 내무 생활에 임할 수 있도록 세밀한 관리가 필요하다고 되어 있으며 전입 2주간은 생활적응기간으로 근무에 투입될 수 없도록 되어 있으나, 망인은00 경찰서에 배치된지 2일 만인 2004. 8. 1. 부터 근무를 시작하여 사망전날인 같은 해 8. 10. 까지 총 90시간 ( 하루 평균 9시간 ) 정문 입초 및 좌초근무를 했고, 정문 근무는 2 시간 근무 후 4시간 휴식임에도 불구하고 망인은 계속하여 4시간 혹은 8시간 동안 근무한 적도 있었다. 또 망인은 신임대원으로서 직원 인적사항, 직원 얼굴, 차량번호, 민원인 출입시 과 · 계 전화번호, 대원들 간의 이름과 계급, 5분 타격대 임무시 무전약호 , 출동시 행동조치 요령 등 A4 용지 3 ~ 4장 정도의 분량을 암기하여야 했다 .

7) In addition to the above daily work, the Deceased 6: 00 days after the weather, he was 00, sent a newspaper to the library room located within the police station. He was 10 days after he was able to clean the door, 20 days before the day, 3 days after he was frighting, 3 days after he was frighting, 3 days after he was frighting, 4 days after he was frighting from his daily work, and 0 days after he was frighting from his daily work, 10 days after he was frighting from his daily work, and 0 days after he was frighting from his daily work, and 0 days after he was frighting from his daily work, 10 days after he was frighting from his daily work, and 20 days after he was frighting from his daily work, and 0 days after he was frighting from his daily work, 20 days after he was frighting his daily work.

9) On August 11, 2004: (a) around 20: (b) around 20, the Deceased committed suicide by breaking trees to a pipe of steel structure at a height of 40 cm. (c) After that, as a result of the above simple mental diagnosis (SL - 90- R) and its picture analysis on the Deceased’s request for appraisal before the Deceased’s death, “the Deceased has experienced significant depression at the time of the above inspection; (c) there is a serious increase in self-defluence and suicide accidents; (d) there is a possibility that the Deceased would have been suffering from severe harm to his or her daily life and suicide behavior; (d) there is a lack of awareness of his or her ability to self-defluence and suicide; and (e) there is a lack of risk that he or she would have caused serious harm to his or her mental health condition at the time of the above inspection; and (e) there is a lack of any further likelihood that he or she would have caused serious harm to his or her mental health disorder, such as lack of his or significant symptoms.

12) On the other hand, on July 9, 2008, the 00 Provincial Police Agency Special Data Review Committee held that “the Deceased was unable to adapt to his/her duties and internal affairs after his/her major depression and early mental symptoms that occurred in his/her new illness training unit, and caused suicide by his/her aggravation of heavy stress.”

The reason is that there is a substantial causal relationship with the performance of official duties, and this was dealt with as a death on duty (Grade 2).

[Ground of recognition] Gap evidence Nos. 2 through 30, Eul evidence Nos. 2 and the purport of the whole pleadings

C. Determination

According to the above facts, the deceased was in the military unit life requiring strict control and collective action, resulting in a change in the life in the military, and after being transferred to the 00 police station, the deceased was put into work without proper adaptation and preparation for work at the very big time and was put in work for a police station. In the absence of rest due to excessive work within the working period, the tension continued to work in the military, and the deceased was placed in the state of lacking social support due to quality and pointed out from the elected party members. The deceased did not have any symptoms of depression before entering the military, and there was no other evidence to acknowledge that there was any other cause or reason to commit suicide, which may cause depression, or that there was no other reason to believe that the deceased had any other reason to commit suicide. In light of the above negative changes in living and social support, the deceased's mental stress caused by severe mental stress on the deceased, which led to the loss of his ability to undergo effective treatment or management of the deceased, and the symptoms and symptoms of the deceased's mental disorder, which led to deterioration or aggravation of the deceased's ability to receive treatment.

Therefore, the deceased's death is based on the birth of the above depression that constitutes a disease in the line of duty, and there is a proximate causal relation with his official duties. Moreover, the suicide of the deceased was conducted in a state beyond the normal and free will due to the above depression, and cannot be deemed to constitute "the death caused by self-injury" under Article 4 (6) 4 of the Act. Ultimately, the deceased's death constitutes "the case of death during his duty as a soldier or police officer under Article 4 (1) 5 of the Act", and the disposition of this case on a different premise is unlawful.

4. Conclusion

The plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked, and the disposition of this case is revoked, and it is so decided as per Disposition.

Judges of the presiding judge

Judges Min Il-young

Judges Park Young-young