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(영문) 서울중앙지방법원 2016.11.29 2013가단5111807
손해배상(기)
Text

1. The Defendant’s KRW 38,33,33 of the Plaintiff and its related KRW 5% per annum from August 28, 2013 to November 29, 2016.

Reasons

1. Basic facts

A. On June 16, 197, the Plaintiff’s convict B (CB, hereinafter “the deceased”) suffered a scarcity trade from a superior E, who was on duty in the 7th rank of the 7th rank of the Army Soldiers, 5th rank of the 7th rank of the 7th rank of the Army Soldiers, serving as sick.

(hereinafter “instant accident”). (b)

The instant accident occurred in the process of cutting off his 16 small guns and cutting off the ball cartridges and causing a non-discriminatory total attack to the members of the unit to which the deceased belongs after collectively assaulting E, who is a superior of F, G, H, and I, to the head of the unit to which he belongs.

C. On June 18, 197, the Deceased was treated as a changeer on the same day, and on the same day, J, the father of the Deceased, as a representative of his bereaved family, made a letter of commitment that he would not raise any objection in the future civil, criminal and other complaints regarding the instant accident as a representative of bereaved family (hereinafter “each of the instant letters”) and submitted it to the Defendant.

Before October 2012, K, the mother of the deceased, applied for registration of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the deceased. However, on June 26, 2013, K, the Ministry of Patriots and Veterans issued notification of the determination on the eligibility of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State.

E. On August 6, 2014, the Plaintiff filed a civil petition with the Ministry of National Defense demanding a re-examination of the instant accident with the Ministry of National Defense. On October 19, 2015, the Ministry of National Defense issued a notice to the Central Major Death Review Committee of Ministry of National Defense that the deceased would request a re-examination of the deceased’s death on duty as a result of a re-examination conducted with the persons involved in the accident, etc. on October 19, 2015.

F. The Central Major Death Review Committee of the Ministry of National Defense is confirmed to be deceased on August 3, 2016, even if the Deceased did not participate in the assault of E.

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