2019Gudan10783 Mada 10783 Mada 2014

A

Attorney Kim Jong-min, Counsel for the plaintiff-appellant

Head of Daegu Regional Veterans Administration

June 12, 2020

August 14, 2020

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On April 9, 2019, the defendant revoked the decision that the plaintiff was not eligible for veteran's compensation.

1. Details of the disposition;

A. The Plaintiff is the mother of the deceased B (hereinafter referred to as “the deceased”).

B. On December 5, 2005, the Deceased joined the Marine Corps and served in the Bridge C unit of the Second Team of the Marine Corps, and on November 19, 2007, the Deceased took a regular leave of absence on November 19, 2007. On November 28, 2007, the Deceased sent back to the Emergency Hospital of the Gyeong-gu, Daegu-gu, Daegu-gu, to an emergency department of the 4th floor corridor of the E-dong Building, but died at 12:34 on the same day.

C. On April 9, 2019, the Plaintiff filed an application with the Defendant for registration as a bereaved family member of a person who has rendered distinguished services to the State. Accordingly, the Defendant rendered a decision that it does not constitute the requirements for persons who have rendered distinguished services to the State under Article 4(1)1 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”) and the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services”), as it is difficult to recognize that the Deceased died as a direct cause of performance of duties or education and training directly related to national defense, etc., or as a considerable causal relationship with other military duties or education and training (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, 5, 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased was subject to serious level of sacrific and cruel acts from the first-class soldiers in Japan and sick soldiers, and even after promoting the Deceased as the sick, he was under significant performance of duties in the course of performing duties in the division commander, such as participation in training instead of the second-class soldiers who have been in a weak physical strength. As such, stress arising from military service as above led to the Deceased’s occurrence or aggravation of mental illness such as dives disorder, etc., resulting in suicide, there is a proximate causal relation between the Deceased’s death, military education and training, or duty performance. Nevertheless, the instant disposition that did not recognize the Deceased as a person killed in a disaster as prescribed by the Veterans Compensation Act is unlawful.

B. Determination

1) Article 2(1) of the Veterans’ Compensation Act provides that “A person eligible for veteran’s compensation, his/her bereaved family, or his/her family member (including a person who is provided for by other Acts to receive assistance, etc. under this Act) who falls under any of the following subparagraphs shall receive assistance under this Act” (Article 2(1) of the Veterans’ Compensation Act provides that “A soldier or police officer killed in a disaster: A soldier, police officer, or fire-fighting officer who died in the line of duty or during education and training not directly related to national defense and security

Here, ‘the person eligible for veteran's compensation' refers to a case where there is a proximate causal relationship between the performance of duties or education and training, and the death of the soldier is also the case where the death of the soldier is caused by suicide.

At this time, the proximate causal relationship between the performance of duties and the death caused by suicide shall be attested by the party asserting it.

A proximate causal relation may be acknowledged between a soldier, etc. and his/her death in the event that a soldier, etc. is presumed to have caused suicide in a situation where it is impossible to expect reasonable judgment because the disease overlaps with his/her main cause of a disease, such as depression, or overwork or stress caused by overwork or stress. Such disease is likely to result in suicide in a situation where normal recognition or choice of action, mental suppression, and mental suppression are considerably lowered due to such disease. Furthermore, for the purpose of recognizing such proximate causal relation, comprehensive consideration shall be given of all the circumstances such as the content, nature, quantity and intensity of the person’s duties in charge of the suicide, such as the occurrence of the disease, general symptoms, age of the person who committed suicide, physical and psychological situation, surrounding circumstances surrounding the person who committed suicide, and developments leading to the suicide (see, e.g., Supreme Court Decision 2017Du4785, Feb. 13, 2020).

2) We examine this case. The above evidence and Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 6, 7, 8, and 9 (including serial numbers), and each of the following facts or circumstances acknowledged by the court’s entrustment of the appraisal of medical records to the Director of the Medical Examination Board of the F association of the Republic of Korea and the purport of the entire pleadings, are insufficient to recognize that the plaintiff’s evidence alone caused or aggravated stimulative disorder or other mental illness to the deceased due to severe acts in the military, military duties, or stress caused by education and training, and there is no other evidence to support it. Ultimately, the dispositions of this case on the same premise is legitimate, since there is no proximate causal relation between the deceased’s death and the military duties or education and training. The plaintiff’s assertion is without merit.

A) On November 28, 2007, the deceased called the phone on the day of the death, and then, she would be aware of the need for money. It is necessary for the deceased to see that the father of the Dok-si scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar scar sa scar scar scar scar scar scar sa scar scar scar scar scar scar scar sa scar scar scar scar scar scar scar scar sa scar scar sa scar sa.

B) The medical view of the court’s appraisal that the deceased’s over-the-counter, strong self-satis, and water surface problems, etc., which had been seen before the suicide, constitute symptoms and behavior that may be suspected of both extreme sexual disorder.

C) On the other hand, no material was submitted by the deceased for treatment due to a mental disease such as stimulative disorder before the time of enlistment, and the deceased was judged "normally" in a physical examination conducted at the time of enlistment, and there is no circumstance to suspect the symptoms of mental illness, such as difficulty in human relations within the military, chronic depression, etc., or that the deceased experienced difficulties in military life due to mental and mental vulnerability such as difficulty in human relations within the military, chronic depression, etc., or that he was performing abnormal behavior.

Rather, in the school records of the deceased, it is stated that the deceased's ‘human relation with the deceased is smooth, and because there are many understandings, it is stated that it is ‘for the people who have been in military service', ‘for the deceased', and ‘for the first time to reach the peace of the surrounding people', and ‘for the first time to reach the peace and order of friendship', and those who have been in military service together with the deceased stated that they were living without any particular problem between military service and good faith and responsibility for the deceased.

D) During the Deceased’s leave period, those who met with the Deceased did not feel specially abnormal points. However, from November 27, 2019, on the day immediately preceding the date of death, the Deceased stated that he appeared to have been in a different form from ordinary times, such as where he talked in a political talk that the Deceased does not know, knee, kne, kne, and kne, and knee, and that he did not dume, etc., and that he was unable to do so. In addition, the Deceased purchased goods to the father’s life knek on the day of death and the ancillary soldiers.

E) In light of the above circumstances, it is difficult to readily conclude that the deceased had a stimulative disorder before and committed suicide with self-harm. The examination of the medical record of this court also presented an opinion that “The possibility of committing suicide in a stimulative impulse or confusion with other mental disorders, drugs or physical conditions, which show similar symptoms, may not be ruled out.” Abnormal behavior of the deceased cannot be excluded from the possibility of stimulative disorder due to long-term shortage of waters during his leave, i.e., the collapse of the infant, and stimulative change. The purchase of the prokk immediately before the suicide was conducted by the military unit, and the gift to be reduced to the subsequent soldiers was an act in which the military unit had experienced suicide for a long time and tried to restrain it, rather than having experienced repeated efforts to prevent it.”

F) On the other hand, the two stimulative disorder is caused by the combination of genetic, biological, environmental, and psychological factors. ② The Deceased 90m small and medium-scale fire fighters assigned to him and served in the G Heavy Group 2. At the same time, he/she was suffering from harshly cruel acts, such as verbal abuse of stimul and character, abusive language, bathing, etc. from the G Heavy Seniors’ living together, but the time when he/she was discharged from active duty and was suffering from harshly active duty as seen above is the early time of the death of the Deceased, and there is time difference between the time of death of the deceased and the early time of his/her active duty, ③ The Deceased stimulative stress caused by severe mental stress or adaptation to his/her military life, and it is difficult to readily conclude that he/she was suffering from the death of the deceased without any other mental stress or stress caused by his/her active duty, ④ it is difficult to conclude that he/she had been discharged from active duty and training different from his/her average military life at the time of the deceased.

G) The court’s appraisal of medical records also cannot be determined on the basis of the fact that “the deceased was at the time of discharge from active service,” and it cannot be determined that there was a cruel act at the time of work or disease, and as much as the deceased may have caused mental illness or self-injury and death, excessive work and stress cannot be confirmed. Considering that it was immediately prior to the discharge from active service at the time of suicide, this court presented an opinion that “it is presumed that a significant change in the living history related to discharge from active service is presumed to have been out of environmental stress.”

3. Conclusion

The plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judge the last secretary: