beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. After entering the Army on December 30, 1950, the Plaintiff received hospitalized treatment at the first Army Hospital and the fifth Army Military Hospital from June 3, 1951 to August 11, 1951, and discharged from the hospital on August 12, 1951.
B. On November 29, 201, the Plaintiff filed an application for registration of a person of distinguished service to the State with respect to the head of the Suwon Veterans Branch, asserting that “The Plaintiff was killed in the enemy with the enemy in the Daegu Muban operations implemented in the Korean War, and felled into the valley and died in the valley and sustained a detailed scarcity and the right scarcity (hereinafter “the instant wound”).” On March 13, 2012, the head of the Suwon Veterans Branch rendered a decision that the Plaintiff fell under the requirements for persons of distinguished service to the State on March 13, 2012.
C. On July 10, 2013, the Suwon District Court rendered a judgment dismissing the Plaintiff’s claim on the grounds that “it is insufficient to recognize that the Plaintiff sustained the instant wounds in the Daegu Muban operations in the Korean War,” and the said judgment was dismissed and finalized as the Plaintiff’s appeal and appeal were dismissed.”
The Plaintiff filed a lawsuit against the Republic of Korea in Suwon District Court for damages claim against the Republic of Korea on the ground that “The Army Headquarters lost all of the medical records, such as the beds where the Plaintiff had a duty to preserve the records of medical treatment at the Army Hospital, and thus, the Republic of Korea is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to an unlawful act committed by a military official in the course of performing his/her duties.” However, the Suwon District Court rendered a judgment dismissing the Plaintiff’s claim on January 14, 2016 on the ground that “it is difficult to readily conclude that the Plaintiff’s loss of the medical records was caused intentionally or negligently by a military official belonging to the Army Headquarters” (Uwon District Court Decision 2014Da118499).