1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The grounds for the court’s explanation on this part of the Plaintiff’s assertion are as stated in the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination

A. Whether a soldier falls under the category of a soldier or policeman killed or wounded on duty or a soldier or policeman eligible for veteran’s compensation under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or Article 2(1)1 of the Act on the Support of Persons Eligible for Veteran’s Compensation even if the soldier died due to suicide

Furthermore, whether there exists a proximate causal relationship between military education and training or performance of duty and suicide shall be determined after careful consideration by comprehensively taking into account the following factors: the age, character and position of a person who committed a suicide, the degree and duration of a tension or a sense of pressure caused by stress in the performance of duty by a person who committed a suicide, physical and mental situation of a person who committed a suicide, the physical and mental situation surrounding the person who committed a suicide, the outbreak of depression and the timing of the act of suicide, other developments leading to a suicide, existence of existing mental illness and family history.

(See Supreme Court en banc Decision 2010Du27363, Jun. 18, 2012). Meanwhile, suicide is essentially based on an employee’s free will. As such, it shall not be presumed that there was a proximate causal relation between work and suicide solely on the ground that stress arising from stress in the course of performing his/her duties was not unrelated to the motive or cause of suicide. The age and character and position of a person who committed suicide, stress arising from work, the degree and duration of the tension or pressure of a person who committed suicide, the physical and mental situation of a person who committed suicide, and surrounding circumstances surrounding a person who committed suicide, and the outbreak of depression.