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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially accepted by the lower court, the lower court determined that: (a) the deceased’s failure to take appropriate measures and measures, on the grounds that ① the situation has deteriorated due to the increase of depression due to the duty burden of the commander of the competent unit; and (b) there was any signs of suicide; (c) the unit to which the deceased belongs should have the deceased receive professional diagnosis and treatment of depression in consideration of the deceased’s tendency and aptitude; (d) the diagnosis result of the military doctor; and (e) the deceased’s demand; and (e) the deceased should have taken active measures to recover from depression, including the change of assignment to a position; and (e) the deceased did not take such appropriate measures and necessary measures.
2. However, it is difficult to accept the above determination by the lower court in view of the following circumstances that can be recognized by the records.
(1) Around 2003, the Deceased entered on December 13, 2010 when he was diagnosed with depression and did not receive any specific treatment. In the event of receiving a new illness education, he was judged by a public prosecutor on the level of service suitability, and was living without any particular problem during the period of the new illness education.
(2) On February 11, 2011, the Deceased was posted to the commander of the competent military unit, and on March 13, 2011, the Deceased was first used while waiting for a parent interview.
(3) Around that time, the commander of the military unit belonging to the deceased knew that the deceased was unable to work on the army room, and that he was diagnosed with depression in the past, classified the deceased as an interest soldier. From that time to that time, the deceased was provided with medical care from the military department of the National Army Waterworks Hospital for three times until the deceased committed suicide.
(4) The Director of the Headquarters shall be.