(영문) 서울고등법원 춘천재판부 2012.11.21. 선고 2012누886 판결

A. On April 12, 2010, the Plaintiff’s son B (hereinafter referred to as “the deceased”) committed suicide by hanging the trees in the towing room in the instant vessel on August 30, 2010 while serving on May 24, 2010 in accordance with the procedures for secondment under Article 24(2) of the Military Service Act after enlistment in active duty service and completing military education.

B. The Plaintiff filed an application for registration of bereaved family members of a person who has rendered distinguished service to the Defendant on April 25, 201, on the ground that the deceased’s death constitutes “self-injury” under Article 4(1)5 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 10471, Mar. 29, 201; hereinafter “former Act on Persons of Distinguished Service to the State”). However, on April 25, 2011, the Defendant rendered a decision equivalent to the amount of bereaved family members of a person who died on duty (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

From July 12, 2010, the deceased worked as a cook, caused shortage of water surface, and caused the reduction of the number of combat police officers, the deceased returned to the deceased, who was the last part of the combat police, and had him/her go to the duty while on duty. In particular, around August 22, 2010, the Ship of this case, on which the deceased worked, went to the Russia in order to participate in the joint training between North Pacific Asia, 27 persons on board more than the number of people on board the Pussia and rapid time to prepare for an abrupted accident, etc., and thus, the deceased's duties were excessive.

As a result, the Deceased’s death is recognized as a proximate causal relationship between military service and that of an excessive occupational burden, etc., resulting in stress arising from lack of water surface, excessive occupational burden, etc., and the Deceased’s death was deemed to have reached suicide due to the birth of depression’s mental symptoms on account of the failure to undergo effective treatment. Accordingly, the instant disposition is unlawful.

B. Relevant legislation

The entries in the attached Table-related statutes are as follows.

(1) On March 12, 2010, the Deceased (D Students) entered the E University Repair Information Department and joined the Dog Ri and music clubs, etc., and took part in normal university life such as taking part in a department representative, and took part in resources as combat police officers of the Korea Coast Guard for military service on April 12, 2010.

(2) On April 12, 2010, the Deceased, enlisted in the army and completed military education, and was placed on the instant vessel on May 24, 2010, and completed job training on naval adaptation from May 25, 2010 to May 30, 201, and served as a cooking source from June 1, 201 to July 11, 2010, and from July 12, 201 to death.

(3) The purpose of cooking was to take charge of so-called 'the front so-called 'the front door', among the riot police officers, is one of the most difficult duties of the combat police officers serving in the instant vessel. Since the deceased was prevented in the instant vessel, the deceased was in charge of cooking duties from July 12, 2010 according to custom. In addition, the deceased was in charge of cooking duties, other than cooking duties, in addition to cooking duties, he was in charge of cleaning coffees, laundry, laundry, laundry, laundry, toilet-making, toilet-laundry, cleaning of the instant vessel, large-scale labbing, recycling waste classification while looking at the entire naval vessel of this case, and was more heavy than the combat police officers by taking charge of the remaining parts, etc. of the combat police officers, such as the labing police officers during weather hours, and by taking charge of performing their duties.

(4) On the other hand, the Deceased was pointed out several times from the appointed combat police officers on the ground that he was unable to know about his duties or group life in the instant vessel as a stop, and that his duties were not contested or used in the process of leaving a kitchen or on duty and receiving telephone, etc., and that he did not use military service term suitable for his rank.

(5) For such reasons, although the Deceased wished to be assigned to his own post, the combat police personnel of the instant vessel have been reduced to approximately 60 percent of the previous year (the number from 18 on August 2009 to 11 on the current number as of August 2010). Rather, due to such reduction of human resources, the Deceased was assigned a new wall work on which he was not in charge of normal cooking personnel. In addition, since the instant vessel did not have motive for the Deceased, there was no person to share the foregoing excessive duties as above.

(6) The East Sea Police Station, to which the deceased belongs, was in possession of three vessels, called the three vessels to the sea 7 to 8th day in order, and was carrying out patrols. However, when the deceased was placed on the instant vessels, the time when the deceased was placed on the said vessels, one of the other vessels that entered the repair due to a breakdown was rapid, and the time when the deceased called the sea to the sea. However, the deceased sent two copies due to a far distance when the instant vessels are called out to the sea, and the deceased sent a notice to the far distance when they were called to the sea, and even on July 16, 2010, when the deceased was placed on the instant vessels, at the fourth day after the time of leaving the port, the deceased consulted him on his personal matters to the Inspector, and the deceased stated that “if leaving the port so far, there is no way to adapt to the port to the distance of a boat due to a smoke.”

(7) However, from August 22, 2010 to August 29, 2010, the police officers and combat police officers in the instant vessel joined the Republic of Korea in the joint training of the 2010 North Pacific Maritime Security Agency (such as the Republic of Korea, the United States, Japan, China, and Russia, for multi-purpose maritime joint training, such as search and rescue, smuggling, and special air supplies taking part in the search and rescue, smuggling, and prevention of smuggling and smuggling entry; hereinafter referred to as the "training in this case") conducted in Russian Bladix. In addition, police officers and combat police officers in the instant vessel participated in the Republic of Korea on behalf of the Republic of Korea during a period of one month prior to the same month in preparation for training, such as maintenance and painting of vessels and painting. In addition, the deceased was mobilized for the maintenance of vessels, cleaning of vessels, etc. in addition to the existing work and led to more heavy burden of work, and continued to work during night hours without normal one to two days after departure from the port.

(8) In the process of such work, the Deceased asked the senior combat police officers at any time to enter the site, when the issuance of the land was made, etc. In addition, the Deceased sent a phone call to G (26 years old at the time) who was close to the Deceased at the end of August, 2010, the Deceased asked him/her at any time, and asked him/her at any time, whether the issuance of the land was made. In addition, the Deceased told him/her that “I will not see the door. I will see, if you can see, it is difficult to see, and even see, if you are unable to see at any time, I will see that he/she will drink.”

(9) From August 22, 2010, the instant vessel depart from Russia for the instant training, 27 participants (22 police officers and 5 combat police officers) were on board the instant vessel, in addition to the previous 45 police officers (34 police officers, 11 police officers) on board the instant vessel. During the instant training period, the number of visitors (22 police officers, 5 police officers) was on board the instant vessel, and during the instant training period, the number of times, such as the call-up type on August 24, 2010 and the call-up type on March 28, 2010, a rapid increase in the burden of cooking on the deceased.

(10) In ordinary circumstances, the Deceased prepared Abscopia on the Abscopia in Korea and Russcopia bladix (the Russcopia 2 hours less than Korea). During the instant training period, the Deceased was required to prepare Abscopia on the basis of Korean hour 03:30. Other cooking personnel, who are appointed, could take rest before 10:00 after the completion of Abscopia, but the Deceased could not take sufficient rest even after the completion of Abscopia, so the Deceased could not take full rest time after the completion of Abscopia.

(11) However, the Deceased had tried to do so on the official model that was before the end of the instant training, and Ha was in charge of managing the combat police in the instant vessel, and Ha was called “I sent a crime. I sent a crime. I sent a crime.” Unlike ordinary places, Ha was called “I sent a sp, sp, sp, sp, sp, and sp and spons,” unlike ordinary places, I called “I will not do so from Neine combat police? I would like to control leave, going out and going out of the country in comparison with his superior? I would like to “I will do so from Neine combat police?” From the appointment of the Deceased, I would like to see how I would like to take the same kind of accident due to what he would have done? I would have been under the control of his out-of-sp and going out of the country.”

(12) On August 29, 2010, the instant vessel completed the instant training on and around 14:30, and sailed from Bloradixe Port on August 30, 2010, which was coming to the port from the East Sea, and then completed the cooking work on August 30, 2010, and the appointed employees during their rest, the Deceased must arrange a cooling house and a corrosion storage to the appointed police officer K during the rest. At around 09:19, the Deceased moved from the towing room to the towing room of the instant vessel, and then was found to have concealed Llodice in the towing room at around 10:21.

(13) At the time of the enlistment, the Deceased maintained normal health conditions, such as enjoying a flat axis, with a height of 170 cm and 56 km, etc., and there was no pain or other mental disease before entering the hospital. As a result of the character type test (MBTI) for the new combat police, the deceased’s character type was classified into the ISO type with such characteristics as 170 cm, knife, and knife, and knife and knife, and knife and knife, and the deceased’s knife stated to the effect that “the deceased’s knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

(14) On October 22, 2010, the committee for the examination of major and thought of the East Sea Police Station decided the deceased's death as his death on the ground that "the deceased prepared the instant training, had multiple factors such as lack of water surface and stress due to excessive work and time adaptation in the process of participation, and the deceased's suicide is believed to have a substantial causal relationship with these stress in the line of duty."

[Ground of recognition] A without dispute, Gap evidence Nos. 2 through 8, 12, 14, 16 through 21, 25, 27, Eul evidence Nos. 3, 5, 6 (including each number), witness I's testimony, and the purport of the whole pleadings

D. Determination

(1) Article 4(1)5(a) of the former Act on Persons of Distinguished Services to the State provides that "military personnel, police officers, and fire-fighting officers who died during education and training or in the performance of their duties (including persons who died of a disease caused by official duties), their bereaved family members, etc. shall be entitled to honorable treatment under this Act." Article 4(6) provides that "If a person who meets the requirements for persons of distinguished services to the State dies or was injured due to any of the following causes, he/she shall be excluded from persons of distinguished services to the State, their bereaved family members, or their family members registered pursuant to Articles 1 and 6, and refers to cases of self-

The legislative purpose of the former Act on Persons of Distinguished Services to the State is to fully treat persons who have made sacrifice or contribution to the State and their bereaved family members as appropriate (Article 1). In light of Article 2, the basic principle of honorable treatment is to ensure that honorable lives of persons of distinguished services to the State and their bereaved family members are maintained and guaranteed in accordance with the degree of their sacrifice and contribution (Article 2), “Death during education and training or performance of duty” refers to cases where there is proximate causal relation between education and training or performance of duty and their death. This also applies to cases where a soldier dies as one of the reasons for exclusion of persons of distinguished services to the State. However, Article 4(6)4 of the former Act defines “self-injury” as one of the reasons for exclusion of persons of distinguished services to the State, but the above provision also stipulates that “self-injury is clearly a causal relation between the death or death of persons of distinguished services to the State or his/her bereaved family members without any inevitable reason” (Article 4(6)1 through 3).

(2) Examining the facts acknowledged in the above C. and the following circumstances acknowledged by the aforementioned evidence, in light of the above legal principles, it is reasonable to view that the deceased’s act of military service and death are in a proximate causal relationship between the deceased’s performance of military service and the death, and that the instant disposition was unlawful on a different premise, on the following grounds: (a) where the stress due to an excessive work performed by a commander in the military without proper management; (b) the status of a ban; and (c) the characteristics of the working space, such as a naval vessel, is controlled by the appointment of his/her actual waterway during his/her military service period, and where it is subject to the control of his/her leave, going-out, going-out, and going-out, due to his/her mental pressure, such as an extreme charge of criticism and uneasiness against the criticism that will be suffered during his/her military life.

(A) The Deceased had been living at a university in a normal condition, such as having a representative in the university, and had not suffered mental illness before entering the military.

(나) 망인은 군사훈련을 마치고 이 사건 함정에 배치된 이후 약 3개월간 전투경찰 중 가장 후임으로서 자신의 담당 업무 이외에도 여러 가지 궂은일을 도맡아 하는 등 과중한 업무에 시달렸고, 업무 및 군대 언어 - 예절 등에 익숙하지 않아 선임 전투경찰들로부터 수차례에 걸쳐 지적을 받으며 상당한 긴장 상태 속에서 스트레스를 받았을 것으로 보인다.

(C) Nevertheless, the number of combat police personnel working in the instant vessel has been significantly reduced, and the departure interval has rapidly been lowered due to the decline in the number of vessels operated, thereby increasing the burden of the deceased’s duties.

(D) In light of the deceased’s status as a riot during the battle police, the deceased seems to have caused a significant mental burden on criticism that would be incurred from the appointment of other combat police officers when their leave, going outside and going out of the country are controlled due to their own loss on the spot of a meeting.

(E) The decedent’s place of service appears to have more stressed due to military life than other military units because the decedent’s place of service is very narrow as a vessel spatially, and the characteristics of periodically navigating far away from the land.

(F) In addition to difficulties in military service, there is no motive for the Deceased to commit suicide such as female problems and family problems.

(G) If the military service can not be selected according to his own will, under the same disciplinary system as the present in which he is unable to choose his own will, and all life is isolated from his friendship and society and family, there is no difference depending on the degree of adaptation and adaptation period by the individual. In particular, in the early adaptation stage of the entrance, the person may undergo emotional disturbance, behavioral disorder, etc., and the sense of responsibility is strong, the person is in charge of his duties, and the situation where the person does not enter after the excessive work burden as seen earlier, as seen in the nature of the internal deceased, appears to have continued to have a considerable mental pressure on the deceased. Considering the unique characteristics of the command system or rank system in the military and the status of the deceased as a prevention inside the military, it is difficult for the deceased to relieve the burden of his duties by complaining of his own state to another person.

3. Conclusion

Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is unfair on the grounds of its conclusion, it is so decided as per Disposition by cancelling the judgment of the court of first instance and cancelling the disposition of this case.