(영문) 서울중앙지방법원 2016.02.17 2015가단5326535

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(영문) 서울중앙지방법원 2016.02.17 2015가단5326535

손해배상(기)

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1. The Defendant’s KRW 107,109,306 for the Plaintiff and KRW 5% per annum from August 11, 2013 to February 17, 2016.

Reasons

1. Basic facts

A. A. On April 15, 2013, B (C students; hereinafter referred to as “the deceased”) transferred the status of the party to the service into the 7th Order D (hereinafter “instant unit”) on June 11, 2013, after completing a new disease training, and was transferred to the 7th Order D (hereinafter “instant unit”) and was in the military service as a small river, on August 11, 2013. The Plaintiff was the deceased’s mother as the deceased’s heir, and the scheduled date of discharge from the deceased’s service was January 14, 2015.

B. On April 16, 2013, the deceased’s life (1) life in the instant unit, which was conducted on April 16, 2013, the following day following the entrance, determined that: (a) suicide, escape, and mental disorder is anticipated to have difficulty in military life due to the type of accident forecast; (b) early discharge from military service is anticipated due to an accident during military service; and (c) more detailed diagnosis is required because of the implications for mental illness issues.

(2) After the decedent transferred to the instant unit, on June 19, 2013, the Military Service Compatibility Test conducted on June 19, 2013, the Deceased was rendered a judgment that detailed diagnosis is required because it suggested the same mental illness as the above examination result, such as responding “on time to harm himself/herself or other people,” in addition to “the person wishing to die,” such as “the person wishing to die.”

(3) In addition, in the military life adaptation test conducted on July 4, 2013, the deceased was “the degree of depression and the degree of care for editing evidence” so that each expert request was needed. The director of the small group had the following day for the deceased.

7. 5. In other words, a military life adaptation test has been conducted, and this test has a result that "no special difficulty exists in adaptation to military life due to the improvement of both depression and compilations."

(4) The Deceased from July 28, 2013

8.3. Until now, there are many times of telephone communications after the leave has been given.

유사 판례

-서울중앙지방법원 2016.2.17. 선고 2015가단5326535 판결

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