In a case where Gap, who had worked as the army soldier of the Armed Forces Command, failed to adapt to the military life due to depressions, etc. and committed suicide, and Gap's bereaved family members were negligent in neglecting the management of soldiers, the case holding that the State's liability is limited to 30% of the State's liability on the ground that the military unit violated the duty of protection and care against Gap, and the court below's liability was acknowledged on the ground that the emulsive emuls, who had been originally owned, violated the duty of protection and care against Gap

In a case where Gap, who worked as the army soldier of the National Defense Security Command, failed to adapt to the military life and committed suicide due to depression, etc., Gap's bereaved family members were negligent in managing soldiers in the military unit to which they belong and sought compensation against the State, the case holding that the State's liability is limited to 30% of the State in consideration of the following: Gap's tendency and aptitude, diagnosis result of a military doctor, Gap's demand, etc., should be taken into consideration in order to receive professional diagnosis and treatment of depression; Gap's duty to take active measures so that they can recover from depression; and thus, Gap and his bereaved family members are liable for compensating for the damages suffered by Gap and his bereaved family members; and since there were errors in violation of this duty to protect and take more detailed measures such as taking active measures to recover from depression, the State's liability is limited in consideration of the fact that a person with a friendly depression, which was originally affected by suicide, etc.

Article 2(1) of the State Compensation Act, Articles 750, 751, and 752 of the Civil Act

Plaintiff 1 and two others (Attorneys O Byung-ju et al., Counsel for the plaintiff-appellant)

Korea

December 18, 2014

1. The defendant shall pay to plaintiffs 1 and 2 62,10,395 won, 3,000 won to plaintiffs 3, and 5% per annum from April 10, 201 to February 5, 2015, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. Of the costs of lawsuit, 2/5 are assessed against the Plaintiffs, and the remainder are assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay 107,770,543 won to the plaintiff 1 and 2, 3,000 won to the plaintiff 3, and 5% per annum from April 10, 201 to the service date of a duplicate of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. Status of the parties

1) On August 3, 1987, Nonparty 1 was enrolled in the Gun on December 13, 2010, when he was enrolled in the second grade of the university. On February 18, 2011, Nonparty 1 was placed in the three-class work support unit working at the National Defense Security Command, and was on April 10, 201, and committed suicide on April 10, 201. At the time of death, Nonparty 1 was a private soldier.

2) Plaintiffs 1 and 2 are parents of Nonparty 1, and Plaintiff 3 is punished by Nonparty 1.

B. The status of Nonparty 1’s transfer of admission

1) From 2003 to 30 months, Nonparty 1 entered a high school in the United States and returned to Korea and entered the English English department of ○○ University.

2) Nonparty 1 received counseling with a psychiatrist due to the depression during study in the United States. Nonparty 1 was consulted with the Chungcheongnambuk University Hospital on July 9, 2009 with the “Sule Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule. Nonparty 1 requested a psychological examination to visit a mental interview on July 9, 2009, but Nonparty 1 was unable to visit only the mother on July 16, 2009 at the scheduled date of the second visit to feel the need for mental therapy.” According to Plaintiff 1’s statement, Nonparty 1’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eule’s Eul.

3) According to the National Health Insurance Service’s inquiry into the details of health insurance benefits, Nonparty 1 did not have any provision regarding depression from January 1, 2006 to December 10, 2010.

C. The status prior to the service of Nonparty 1’s army commander;

1) Nonparty 1 was classified as active duty servicemen upon physical grade II in a physical examination before entering the army, and was also subject to the enlistment in the Army Training Center on December 13, 2010, on the ground that Nonparty 1 was found to have received a physical grade II in the physical examination before entering the army, and was determined to have “nick-hoh” on the ground that he was also subject to the enlistment in the Army Training Center.

2) On December 16, 2010, Nonparty 1 received new soldiers’ education and training at the 29th KAF 29 Joint and Several KAF 20, and completed the training center on January 20, 201, and lived in the training center without any particular problem.

(d) The form of service of the sick;

1) In the Armed Forces Commander, Nonparty 2 and Nonparty 3 were on duty with Nonparty 1 who was on duty as a wounded soldier. Nonparty 1, along with Nonparty 3, who was on duty as the army commander, was on duty with Nonparty 3, who was on duty as an volunteer soldier, and Nonparty 2 was on duty as the chief secretary-general.

2) On February 21, 2011, Nonparty 1 was assigned to the army room of the fleet, was subject to training for one week from Nonparty 4, the former sergeant, and was transferred to Nonparty 4 under the witness of Nonparty 4 for one week, and performed his duties. Nonparty 3 was originally assigned to another department, and Nonparty 1 was on duty on the date on which Nonparty 1 started his duty.

3) In the case of the army soldiers in the army room, the best volunteer soldier supervised the army as a weather office around 05:20 on a ordinary day, and the remaining soldiers divided the tasks such as cleaning, preparation for the vehicle, confirmation of schedule, examination, arrival confirmation of documents, receipt of documents, and confirmation of e-mail of the Ministry of National Defense of the army commander. Meals was alternately performed, and until around 18:30 or around 19:00, and the fleet was on duty by up to 21:00 per day until the army commander leaves the army. On Saturdays, on the Saturday, the soldier was not on duty, and on Sundays was excluded from most military units work, such as early works, snow removal works, and cleaning conducted by soldiers belonging to the headquarters.

On the other hand, in the case of a soldier belonging to the headquarters work unit, he / she 06:0 per ordinary day and 06:20 per hour, and worked from 08:35 to 17:30, and cleaned the area in charge. The duty on duty was performed from 16:30 on an ordinary day to 08:30 on the following day, and from 08:00 on holidays to 08:00 on the following day.

E. The initial situation, etc. of Nonparty 1’s army commander’s mission;

1) On February 22, 2011, the day following the assignment of the army room by the fleet commander, Nonparty 1 broken off the glass on the road by cutting the instant cup on the fleet’s seat.

2) Since the end of February 2011, Nonparty 1 completed the training period for one week thereafter, and practically began to perform the duties of a party room. However, Nonparty 1, after taking the above number of rooms, had the burden of the number of rooms, so far as it is possible to take the responsibility for the number of rooms, Nonparty 1 followed the minor number of rooms, such as not turning off before and after work, or not closing windows.

3) Around March 5, 2011, Nonparty 3 pointed out Nonparty 1 as a horse for which Nonparty 1 could play, but did not scambling or impose punishment. However, Nonparty 1 stated that Nonparty 3 was suffering from scam for a period of eight years. Nonparty 1 said, “A large number of years before Nonparty 3 was suffering from scambling.” Nonparty 1 said that Nonparty 4, even though Nonparty 3 did not speak to the executives, he did not have any office staff.”

The non-party 3 has been witnessed in the office of the non-party 1 who sees the side of the window, and sees the side of the window.

4) From March 1, 2011, Nonparty 1 began to appeal to the parents that Nonparty 1 was unable to perform his/her duties by phone calls from his/her parents while performing his/her duties.

F. The background leading up to the discovery of Nonparty 1’s depression

1) At around 10:30 on March 13, 201, Nonparty 1: (a) was used while waiting for a parent meeting in the smoking area in front of the main working unit; (b) Nonparty 5, the captain of the main working unit, discovered that Nonparty 1 was used at the time, and went to Nonparty 1. Nonparty 1, the captain of the main working unit, discovered that Nonparty 5, who was the captain of the main working unit, did not go to Nonparty 1. Nonparty 5, who was unclaimed with the body due to snow and bridge, was boomed. Nonparty 5 was transferred Nonparty 1 from Nonparty 1 to the be on the bed of the bed in the bed, and was discharged from the depression and a certificate of challenge from Nonparty 1 in the process of dividing the spirit with Nonparty 1, who was in front of the main working unit. The symptoms show my own present symptoms. Nonparty 5, who was in receipt of a mental health doctor and the record in the military, was also exposed to confidential treatment in the military.

2) Nonparty 5 said, upon Nonparty 1’s request from Nonparty 1 to keep his symptoms confidential, that “Nonindicted 1 complained of fora, complained of fora, and dissatisfying, fora with many physical strengths.” However, Nonparty 6, who was the head office commander, reported the witness and the contents of Nonparty 1 to Nonparty 1.

3) While holding an interview with the Plaintiff 1 and 2 who had held the interview on the same day, Nonparty 6 tendencyed to think that, at the time of Nonparty 1, Nonparty 1 had been studying in the U.S. at high school, Nonparty 1 had a tendency to think that she would be less than a punishment, and she has a little burden on Nonparty 1’s duties. However, Nonparty 1 did not suffer from or have a great deal of disease before Nonparty 1 entered the hospital.”

4) During an interview with Nonparty 3 who was working with Nonparty 1, Nonparty 5 considered Nonparty 3 as to the depression of Nonparty 1. Nonparty 5 ordered Nonparty 3 to observe the status of Nonparty 1 on an intensive basis and to report it directly in the event of a special situation. Nonparty 1 was classified as an interest soldier within the father around that time.

G. The treatment process for Nonparty 1’s depression and interview contents with executives

1) Around March 15, 2011, Nonparty 1 said that there was a lot of burden on Nonparty 6 on the number of business performance during an interview with Nonparty 6. Nonparty 6, such as Nonparty 1’s speech, etc. that Nonparty 6 would not give Nonparty 1 a prudent, and received a prudent treatment at the National Armed Forces Waterworks Hospital.

2) On March 16, 2011, Nonparty 1 received medical treatment at the National Armed Forces Waterworks Hospital. Gal and military officers diagnosed Nonparty 1 as “salutic salutic salutic salutic salutic salutic salutic salutic salutic salutic

Mental and medical officers diagnosed Nonparty 1 as the “compliance with a serious mental and behavioral disorder”. Nonparty 1 sent to the Mental Health and Medical Officers, “In the course of performing duties in the army room and living with high rank executives and lives with stressed stress. To the 3-day previous parent was used by the National Assembly head, he cannot memory the work at that time.” The Mental Health and Medical Officers recommended that “it is necessary to change the position suitable for him/her to adapt to a unit and set the tasks by step” on the side of the unit to which he/she belongs, and that he/she visited the hospital and started pharmacologic treatment in the event that Nonparty 1 is seriously responsible for incidental adaptation or duties.”

On March 18, 2011, Nonparty 6 discussed on the assignment of Nonparty 7 and Nonparty 1 among the chief vice-ranking officers of the National Armed Forces Commander. Nonparty 7 stated, “Inasmuch as it is the early adaptation process that the majority of the soldiers are well in performing their duties, and it appears that it would be desirable to give an instruction and guidance as early as possible.” Nonparty 1 discussed Nonparty 6’s burden of the number of duties while holding an interview with Nonparty 6, and Nonparty 6 took an interview with Nonparty 1 and made a telephone conversation with Plaintiff 1.

3) On March 29, 2011, Nonparty 1 received medical treatment at the National Armed Forces Capital Hospital again. Nonparty 1 continued to engage in a brupted season every day, and continued to engage in two to three consecutive times a day. They need to be stressed. They do not properly go through a large number of gys in the army room, and they are frequently faced with stress. They are now in the middle. I think that there was suicide. The Mental Health and Medical Officers prescribed the Japanese stability system to Nonparty 1, instructed Nonparty 1 to observe the mental and behavioral disorder suspected of being suspected of the Japanese team, and set up a task in a step-by-step manner in order to adapt to the military unit, it was right to view that it is necessary to take measures appropriate for Nonparty 1 to change the position suitable for Nonparty 1 and set up a task suitable for him.

4) On March 29, 2011, Nonparty 8, who is the chief of the medical office, heard that it is necessary to change Nonparty 1’s assignment as above, and delivered these matters to Nonparty 6 and 5. After that, Nonparty 5 had Nonparty 1 take the supperal stability system every day, and confirmed whether Nonparty 1 took clothes through a medical disease.

5) On March 30, 201, Nonparty 1 had an interview with Nonparty 6 on March 30, 201. Nonparty 1 expressed to Nonparty 6 that “Any side effect, such as strokeing or inorganic evidence, has occurred after taking a stability system. There is a burden on the assignment of a soldier or policeman in the army room. We think it is possible to deal with computers relatively well. I want to change the assignment. I want to do so. I want to change the assignment. I want to do so. I want to change the assignment.” Nonparty 6 again stated on the change of the assignment of Nonparty 7 and Nonparty 1, while Nonparty 6 again stated on the change of the assignment of Nonparty 7 and Nonparty 1 with a high understanding rate of business adaptation. I want to change the assignment of the position to Nonparty 6 to “I would not want to perform the assigned duty if we want to do so.” Nonparty 6 changed the assignment to Nonparty 1’s present position to Nonparty 1 and I would not want to do so.

On March 31, 2011, Nonparty 1, while holding an interview with Nonparty 7, said, “I wish to change the position of a worker. I think that other branches of workers are fluencing about himself.” In this regard, Nonparty 7 recommended Nonparty 1 to continue to perform the existing position in a state of stability rather than changing the position.

6) On April 1, 2011, Nonparty 1 received medical treatment at the National Armed Forces Waterworks Hospital. Nonparty 1 called, “I have been unable to talk properly at once. I have been unable to do so. I have no strong force, and continued to force. I continued to sleep. I have attempted to read Nonparty 1’s thoughts and emotions, and issued a warning that I may be punished strictly in accordance with the relevant provisions in the event I attempted to self-harm and commit suicide without prior to languageization. In addition, Nonparty 1’s military unit to which he belongs, designated a mentman and recommended Nonparty 1 to observe the status of Nonparty 1 closely for 24 hours. In addition, Nonparty 1 prescribed that the existing medicine was increased by twice.

7) On April 3, 2011, at an interview with Nonparty 6, Nonparty 1 complained of the awareness of damage with Nonparty 1, “on one’s own hand, the same shall apply to the person himself.” Nonparty 6 asked Nonparty 1 to remain to be assigned to the position. Nonparty 1 asked Nonparty 1 to “I wish to change the assigned position with the mind that “I wanting to live at the present assigned position and want to change the assigned position clearly.” Nonparty 6 promised that “I will change the assigned position if I want to live more than several weeks as I promised, and the mind is determined at that time.” Nonparty 6 told Nonparty 1 to call with Nonparty 1 on the same day, and notified Nonparty 1 of the fact that “I want to inform Nonparty 1 of the fact that I would have difficulty in getting the Plaintiff 1’s work on one’s own.” Meanwhile, Nonparty 1 expressed Nonparty 6’s speech to Nonparty 1 that he could have known Nonparty 1’s work on one’s own.”

8) Nonparty 6, via Nonparty 5, prevented Nonparty 1 from performing his duties and ordered the appointment to perform his duties directly. In fact, Nonparty 1 complained of Nonparty 1 to the fact that Nonparty 1, who was working together with Nonparty 1, caused a lot of damages to Nonparty 1, due to Nonparty 1’s failure to work on behalf of Nonparty 1, and caused Nonparty 1 to delay the number of hours of attendance at work than Nonparty 1.

9) From April 4, 2011 to April 8, 2011, Nonparty 1 had an interview with Nonparty 5 for each invasion. Nonparty 1 complained of the side effects caused by the rehabilitation of the psychotropic agents, such as parassis and inorganic cards.

H. The reason why Nonparty 1 died

1) Around 09:00 on April 10, 201, Nonparty 1 and Nonparty 1 made a telephone conversation for about 40 minutes with Plaintiff 1 and approximately 0 minutes. Nonparty 1 asked Nonparty 1 to die by force. They would be good if they go to a subordinate unit. Military life is difficult.) and complaining of the difficulties in the military life. Plaintiff 1 asked Nonparty 1 to “I am on duty well reference. I am to Nonparty 1, and later, “I am on duty well. I am on duty.” Nonparty 1 made a telephone conversation with Nonparty 1 around 09:50 on the same day.”

2) On April 10, 201, at around 10:20 on April 10, 201, Nonparty 1: (a) opened an office in which Nonparty 1 would take a food washing to a restaurant; and (b) committed suicide by putting the 192§¯ of the front line (120cm in length) at the top of the door frame of the entrance of the fifth floor of the military unit affiliated with the 10:54 square on the same day.

3) On April 10, 201, Nonparty 1 stated that “Mailday, well-being parents shall be love, and Boli-gu, Boli-gu. First, all of which need not be able to do so.”

I. The situation after the death of Nonparty 1

1) After the death of Nonparty 1, Plaintiff 1 demanded, on the side of the military unit, that “I am responsible for the part that was recognized by Nonparty 1’s suicide but suffered from mental pain to the degree of death, and that I am responsible for the State and changed the treatment of death on duty.”

2) On April 13, 2011, Plaintiff 1 filed a civil petition on Nonparty 1’s private identification, a national newspaper, etc. regarding burial in national cemeteries, etc., but withdrawn the civil petition regarding the remainder other than the request for burial in national cemeteries on April 26, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 through 8, 18, Eul evidence Nos. 1 through 5, 7 through 14, and 20 (including paper numbers), the fact-finding with respect to non-party Nos. 6 of this Court, the purport of the whole pleadings

2. Existence of liability for damages

A. The parties' assertion

1) The plaintiffs' assertion

The Plaintiffs asserts that the unit to which Nonparty 1 belongs was negligent in the management of sergeants as follows.

(A) the inappropriate number of employees;

In general, when the army commander is placed as a volunteer soldier, only one week training period was given to Nonparty 1, even though the training period and the guidance period for senior sergeants were given during the two-month period, and the existing volunteers were transferred to another place. Nonparty 1 only passed the short training period from the first beginning of the military life, and was unable to receive the instruction for senior volunteers, and thus, he was able to perform his duty under the long term.

B) Abnormal excessive working hours

Nonparty 1 worked from 05:40 to 20:30 on a daily basis for 14 to 15 hours and worked on Sundays as well. This is excessive compared to the working hours of other sick soldiers, and Nonparty 1 suffered extreme mental distress.

C) restrictions on religious activities;

Non-party 1, who is a cartol character, had to work on Sundays, could not engage in religious activities. Non-party 1 committed suicide while working at the office on April 10, 201, a Sundays.

D) Refusal to request a change of assignment

The non-party 1 complained of the difficulties of the officer assigned to the army commander, requested the military officer to change his position, and later requested the discharge from military service due to depression. However, in the military unit of the military unit of the military unit, the non-party 1 did not accept the request of the non-party 1 and continued to work as a volunteer soldier.

2) The defendant's assertion

A) The Defendant asserts that public officials belonging to the Defendant could not be deemed to have breached the duty of care. In other words, Nonparty 1’s assignment of Nonparty 1 to the army room is unlawful since it takes into account Nonparty 1’s ability and gender, and the period of Nonparty 1’s probation cannot be deemed to be too short. ② Even if Nonparty 1 was imposed somewhat excessive working hours, this constitutes an additional work that may occur ordinarily in the course of performing his duties, and cannot be said to constitute harsh acts or abuse of authority. ③ Although Sundays is engaged in additional work due to special circumstances, it is not impossible to carry out the religious activity itself. ④ Nonparty 1’s request for change of assignment and sufficient counseling were provided, and there was a request for change of assignment, and the military unit to which Nonparty 1 belongs does not necessarily have the duty to comply with it.

B) In addition, the Defendant asserts that, even if the Defendant’s public official’s breach of duty of care is recognized, it could not be predicted that there was a proximate causal relation between Nonparty 1’s breach of duty of care and the death of Nonparty 1.

B. Facts of recognition

(i) business intensity;

A) The duties of the army commander’s guards are only telephone atmosphere or cleaning, preparation for vehicles, confirmation of schedule, confirmation of arrival of newspapers, receipt of documents, confirmation of the Ministry of National Defense’s e-mail by the army commander, preparation of fleet uniforms by the army commander, and the preparation of the army uniforms by the army commander at the beginning, as described in the above 1.D. 3). In the absence of an office, the army commander may call on the house and take a book or via the Internet. On the other hand, if the army commander does not have an office, the duties of the army commander’s guards may be deemed to be biased, and many soldiers desire to be assigned.

B) However, Nonparty 1 took a tension with respect to the high-ranking executives and employees in the army room and took a heavy burden on the small number of rooms. Nonparty 1, who works for other departments, was at the latest and late, and the duty of the other departments has been terminated or the time of the trial has passed. Nonparty 1 argued that “The duties of the army commander are in charge of the duties of the army commander, and the duty of the army commander has been incurred again due to stress.” Nonparty 1 complained of stress related to the duties of the army, even when receiving medical treatment at the National Armed Forces Capital Hospital, he was subject to heavy stress.

2) Whether it is possible to exhibit on a holiday duty

The non-party 1 was a astronomical believers, and Byung-man, who is a astronomical believers, may attend a sexual watch in each unit on Sundays and participate in the history of America. The non-party 1, as described in paragraph (d)(3) of the above, worked on Sundays at the army room without working on Saturdays during the holidays. The non-party 1, as described in paragraph (d) of the above, voluntarily set up working hours for another lot of watch, from 10:00 to 12:30, from 12:30 to 15:30, from 15:30 to 15:30, and from 15:30 to 15:30 to 15:30 to 15.

3) The records of Nonparty 1’s pre-entry disease

A) On March 13, 2011, Plaintiff 1 heard the horses that Nonparty 1 was written by visiting the military unit and consulted with Nonparty 6, and stated that “The cause Nonparty 1 started and was written by Nonparty 1 was derived from stress not meeting his own expectations, as well as from his minor character.”

Plaintiff 1 asserted that, at the time of high school, there was no depression to Nonparty 1 before entering the school, he was aware of the wrong conduct during the U.S. study, and caused him to be expelled from the examination, and that he had expressed that he was able to be expelled from the examination, and that he was provided with the remaining mental and medical treatment by the school students, which stated that he was “I would have been able to die in the course of his work.” In the case of the university, the Plaintiff asserted that there was only a book of counseling with a psychiatrist at the Chungcheong University Hospital for five years prior to entering the school on the same grounds as indicated in paragraph (1)(b) of the above 1.2. As seen in the above Section 1.3, Nonparty 1 did not have any provision that he had been provided with depression for five years prior to entering the school.

B) However, Nonparty 1 stated, “I do not seem to have any disadvantage despite having any depression,” and “I am suffering from depression. Before a clerical error in the military, Nonparty 1 1 saw it as follows: “I am slick, I am slick, but did not take medicine while entering the military, although I am slick, I am slick.”

C) On March 1, 2011, Nonparty 1 expressed that “Isthm frithm frithm. frithm frithm frithm. frithm frithm frithm frithm frithm with awareness of parent thickness. frithm frithm frithm frithm frithm frithm frithm, and frithm frithm frithm frithm frithm frithm frith, which he had been suffering from frithm frithm frith., which

4) The condition after taking drugs of Nonparty 1

A) Nonparty 1 complained of the difficulties that Nonparty 1 could not concentrate on the day after taking out eugic drugs, making it difficult for Nonparty 1 to carry out euthanal duties of the fleet commander.

Nonparty 1 said to Nonparty 10, a superior soldier, who belongs to the next subdivision, Nonparty 9 or an administrative soldier of the medical team of the Johnife room, that read, “I am very sing about only before the beginning, and there is a time at which I remain in the office on the next day after taking medicine,” and it is difficult for Nonparty 1 to read, “I am in the state of being left in the office on the day after I am singing the medicine. If I am sing out, I do not have any force, and his memory falls off, and there are many heads. I do not want to move to another position, but I am unable to do so.”

The non-party 10 stated, “Non-party 1 was unable to focus on snow after taking the medicine, and the voice was completely missing, and there was no desire to do so. After the lapse of approximately two weeks, the non-party 1 was in a state where snow was completely cut off.”

B) The divided soldiers, which Nonparty 1 belonged to, also, responded to the survey stating, “Before doing so, Nonparty 1 appeared in a situation where Nonparty 1 takes drugs and takes them back, and discussed measures to cope with them with other branches. Prior to this discussion, the army soldiers responded to the survey stating, “Before the discussion, Nonparty 1 recommended that Nonparty 1 be replaced to a relatively more convenient position for the executives.”

C) On April 1, 2011, Non-party 1 finished the 21:10 Supws, and Supws Sup that Non-party 1 found Non-Party 1. At the time, Non-Party 1 discovered that Non-Party 1 smoked a mixed tobacco at the fourth floor of the living room at the time.

(v) telephone call with parents;

A) Nonparty 1, while serving as a party-based soldier, made several calls to Plaintiff 1. At first, Nonparty 1 said that he would have been transferred to another department that was difficult to lower working hours, and later, Nonparty 1 wanted to move to another unit that he was aware of the fact that he was about to drink.

B) Nonparty 6 asked Plaintiff 1 to be informed of the contents of the conversation with Nonparty 1 so that he can be informed of the status of Nonparty 1, and consulted Nonparty 1’s status. Plaintiff 1 told Nonparty 1 that it is difficult for Nonparty 1 to work as a party-time soldier on several occasions from Nonparty 1, but Nonparty 6 et al. did not request Nonparty 1 to change the position of Nonparty 1, but it is considered as a matter of concern that Nonparty 1 was experienced in the course of adaptation to the military unit at the early time of the entrance. Nonparty 1 did not request Nonparty 6 et al. to change the position of Nonparty 1.

6) The records of Nonparty 1’s meta

From March 1, 2011 to March 31, 2011, Nonparty 1 left a pocketbook and set of books by the military unit shall include the following contents:

A) On March 1, 201, 201, the metromothm on March 1, 201, stated, “If the Maulse is re-explosed, the Maulse’s high and several hours will overlap.” The Maulse’s Maule overlaps. It is too difficult at any time from time when the Maule would have been paid. It would be difficult to find that the Maule would have been known to the appointment, but it would not be good if the Maule would have been known. However, it is difficult to find out that the Maule would not have any concentration, and the accident stop. The Maule would have deteriorated. The Maule will be discarded by changing the maule into one, and the maule would have aggravated the maule. Where is found. This will overlap.”

B) On March 29, 2011, the metama states that “Is know about Is know about Is. Is that Is. I would know about Is. Is. I would like to know about Is. In the end, I would not have any choice but to see that Is. If you could not have any choice but there would be misunderstandings that I would be suffering from a marriedr. However, this annoying is that I would like to see that Is that I would like to do so. Furthermore, I would like to easily see Is. I would like to do so. I would like to say that I would not want to do so. However, I would like to say that I would not want to do so.”

다) 2011. 3. 31.자 메모에는 약물치료 후 부작용과 불안감, 자신의 처지를 한탄하는 내용 등이 담겨 있다. 즉 “이 약이 무서웠고, 약물 치료하면서 사령관실에서 일할 자신이 없었던 것이다. 정신이 없다. 어지럽고 머릿속은 온통 하얗거나 회색, 혹은 아무것도 없는 흑색, 그것이 왔다 갔다 한다. 그 어디에도 보라색, 파란색, 초록색은 없다. 내 머리 밖에도, 안에도 없다. 어디에도 없다. 어지러워. 눈은 항상 초점이 안 맞고 졸음이 쏟아지고 집중이 안 되고 말도 잘 못 알아듣고 멍하다. 이러면 안 된다. 그런데 이것을 안 먹으면 내게 무슨 일이 일어날지 모르겠다. 먹기로 선택했다. 이 방법밖에 없다. 이것을 선택한 만큼 다른 것은 잃을 수밖에 없다. 포기해야 한다. 도와주세요 하느님. 이 부작용이 내가 태만하고 의욕 없게 보인다니 유감이고 슬프고 서럽다. 결국엔 이 모든 게 내 탓이다. 이런 쓸모없는 놈이라서. 왜 하필이면 나에게 이런 거지 같은 게 있다니. 나는 안 돼. 이곳에서 나는 무가치하다. 가치가 없다. 피해만 주고 있다.”라고 기재되어 있다.

7) The psychological condition of Nonparty 1

A) According to the result of the military personnel examination against Nonparty 1, Nonparty 1 may have been in an unfaithful examination, but Nonparty 1 emphasizes that “the psychological problems or difficulties of his own person are distorted or bad. It is highly likely that there is a serious emotional difficulties or disorders. There is a lot of tensions. There are numerous emotional difficulties and disorders. It is difficult and uneasy. It is a personal problem. It is a situation that leads to the collapse of or concerns over the personal problem. There may be inconvenience with other persons, especially those who are the upper end of the case.”

B) According to Nonparty 1’s dynamics, Nonparty 1 was in the nature of receiving a severe and small stress or de facto water.

(viii) symptoms of euthanos;

Along with the general symptoms of depression, there are cases where suicide is included in the occurrence of suicide, in addition to the loss of desire, self-esteem, influence, loss of enjoyance, eating and uneasiness, and influence. Along with the weak situation, depression only shows emotionally, slot, open sense, without any desire for self-determination and life, and shows a difficult symptoms. However, if it is serious, it is accompanied by constant apprehension, fear, fear, tension, fear, and early view about future danger and injury. In particular, it is recognized that suicide is the most frequent when it is recovered from severe depression, and the patient's death is 15% of it is known that the patient's death is 15%.

[Reasons for Recognition] No. 18, Gap evidence Nos. 6 through 14, Eul evidence No. 19, and 20 (including paper numbers), the fact-finding conducted by the court against non-party 6, the witness non-party 11's testimony and the purport of the whole pleadings

C. Relevant provisions

Attached Table 1 is as shown in the list of "relevant Regulations".

D. Determination

1) The constitutional mission of the National Armed Forces is to ensure the national security and to perform the decent duty of national defense (Article 5(2) of the Constitution). All citizens shall have the duty of national defense under the conditions as prescribed by Act (Article 39(1) of the Constitution). No person shall be treated disadvantageously due to the performance of his/her duty of military service (Article 39(2) of the Constitution).

In order to perform the duty of national defense imposed on all citizens, soldiers entering the army cannot choose the form of service, etc. according to their own will, unless there are special circumstances. Therefore, the State has a duty to pay sufficient consideration to the life and physical safety of a soldier so that he/she can return to society in a healthy condition by maintaining and preserving physical and mental health during his/her service period, taking into account the special characteristics of the military society where strict action regulations and collective action are focused, unlike the general social life.

Of course, a soldier shall undergo training and education so that he/she can have mental and physical abilities suitable for military life, and endeavor to have his/her ability to overcome and adapt to his/her own restriction. However, in cases where a soldier has failed to adapt to military life due to his/her ability limit or harmful and bullying from other soldiers in the course of faithfully performing his/her duty of military service, the responsibility is attributable only to an individual, and the State’s removal from military service goes against the spirit of the Constitution and the law that prescribe the basic duty of the people (see, e.g., Supreme Court en banc Decision 2010Du27363, Jun. 18, 2012).

A suicide shall be avoided in any circumstances. A soldier’s suicide shall not be avoided in certain circumstances, provided that there exists a real situation where the soldier is faced with an imminent situation where it is difficult for him/her to suffer from depression, etc., or to overcome by himself/herself due to his/her special circumstances, such as occupational stress or overwork, but without being given an opportunity to receive appropriate diagnosis and treatment. As regards suicide in the military sector, it is not a mature society to look at it solely due to the suicide in general society, as in the case of suicide in the military society, and it is not a mature society, and the proper status and compensation for the bereaved family members are also the State’s responsibility. The State shall provide sufficient and detailed protection and care to the sick who are unable to adapt to the military life (see, e.g., Supreme Court en banc Decision 2010Du27363, Jun. 18, 2012).

The State shall have a system and organization to promptly and appropriately respond to soldiers who are unable to adapt to the military life in the military unit. Where it is deemed serious that soldiers could not adapt to the military life, the State shall conduct sufficient interviews and inspections to check whether the soldiers might commit suicide, and shall take full measures necessary to prevent suicide, including appropriate treatment and adjustment of assignment, etc. when the possibility of suicide is anticipated in the process. If soldiers were to be negligent in taking necessary measures as above and soldiers were to have committed suicide, the State and public officials under its jurisdiction should also be deemed to have failed to fulfill their duty to protect and protect the lives and health of soldiers.

Whether there exists a proximate causal relationship between the violation of the State's duty to protect and care shall be determined by taking into account the following factors: (a) the degree and duration of training or work performed by the State on the basis of the person himself/herself; (b) stress or serious pressure caused by education and training or on duty; (c) the surrounding circumstances surrounding the person who committed suicide; (d) the developments leading to suicide; (b) the physical and mental conditions and mental conditions of the person who committed suicide; and (c) the existence and family history of the person who committed suicide. In addition, the fact that most of the military visitors are young children between the ages 18 through 25 and the age of 18, who are implementing the full age of the youth at the time; and (d) the type and intensity of military service are not chosen according to their will or different depending on their individual aptitude; (d) the unique command system or rank system within the military unit for efficient training and education of military purposes; and (e) the degree and duration of their life in the process of being isolated from friendly and social units; and (e.g., one-half of the two persons who committed suicide at the beginning level is required.

2) In general, Nonparty 1 had been treated as friendly before entering the armed forces. In general, it may not be deemed that the duties of the army commander are excessive compared to those of other soldiers. However, if Nonparty 1 suffers from friendly symptoms, such as Nonparty 1, the duties of the army commander may be more difficult and difficult to check. Nonparty 1 was used at the military unit on March 13, 201, and was treated as friendly evidence on March 16, 201, and Nonparty 1 was aware that she was treated as friendly evidence during that process. Nonparty 1 had an interview with the executive officers, and sought to change the assignment of positions on several occasions on the grounds of stress and pressure on duty, etc., but it was difficult to view that Nonparty 1 was subject to counseling at the National Armed Forces Medical Service Hospital on March 29, 201, and it was hard to say that Nonparty 1 was able to perform the duty without counseling.

Recognizing the status of Nonparty 1, Nonparty 6, his superior, was aware of the status of Nonparty 1 and sought various measures, such as mentoring. In particular, Nonparty 6, with a continuous interest in the change of the position of Nonparty 1, expressed that Nonparty 1 would not only win the superior of Nonparty 1, but also call out that Nonparty 1 would take another place if Nonparty 1 wishes to change the assigned position to the army room. However, Nonparty 1 committed suicide at approximately one month after having become a person in the army room. Nonparty 1 had a depression before entering the army, but he was fluorous and easy, and Nonparty 1 had a great stress on the duty of a superior who works together with a superior of Nonparty 1, who was sensitive to stress, caused excessive stress on the duty of a superior.

In the military unit to which the Defendant belongs, Nonparty 1 had Nonparty 1 receive pain medical treatment three times at the National Defense Waterworks Hospital, had Nonparty 1 regularly take root stability systems, and tried to identify Nonparty 1’s status by using his parents and conversations, and trying to change the assignment of Nonparty 1. However, Nonparty 1 was suffering from serious obstacles to adaptation to the military unit due to various problems, such as depression, and there was the signs of suicide. Thus, the military unit to which Nonparty 1 belongs should have to receive a specialized diagnosis and treatment for depression, taking into account Nonparty 1’s tendency and aptitude, the diagnosis results of the military doctor, the demand of Nonparty 1, and other active measures that can be recovered from the depression, including the change of assignment, etc., and should have been taken more carefully to protect and consider Nonparty 1.

In short, Nonparty 1 may be deemed to have caused suicide under the circumstances to the extent that it is impossible to expect reasonable judgment due to the aggravation of depression due to the increase in the burden of Nonparty 1’s duty due to the operation of the army room. If Nonparty 1 did not make an extreme choice of suicide due to depression, it may be deemed that such consideration and measures were not taken even though Nonparty 1 did not take any such action, and such result was caused.

Therefore, the military unit to which the Defendant belongs violates the duty to protect and take care of Nonparty 1, and the proximate causal relation between the breach of such duty and the death of Nonparty 1 ought to be deemed to be recognized. Although Nonparty 1 was sick with having received treatment by a friendly certificate, or the personal vulnerability, such as the character of Nonparty 1, was affected by the resolution of suicide, it does not change.

E. Sub-decision

Therefore, the violation of the duty of care by the public officials belonging to the defendant constitutes a tort resulting in the death of the non-party 1. It is clear in light of the empirical rule that the non-party 1, his parents, and the plaintiffs, who are the siblings, suffered from extreme mental pain. The defendant is liable to compensate for property and mental damage suffered by the non-party 1 and the plaintiffs pursuant to the main sentence of

3. Scope of liability for damages

A. Limitation on liability for damages

In the event that Nonparty 1’s suicide occurred, it may be deemed that the primary eulic eulic eulnas had a significant impact on Nonparty 1. The executives of the competent unit have continuously interview Nonparty 1 and made efforts to treat eulnas. In light of the foregoing, Nonparty 1’s suicide may be deemed as a serious cause, such as a eulatory eulnas and insufficient response to the eulic eulic eulnas that had been previously committed. Meanwhile, Nonparty 1 and his parents did not accurately notify Nonparty 1’s status or necessary measures to the competent unit, and thus, did not fully take necessary measures, such as a change of assignment, etc., in the competent unit. In full view of these circumstances, it is reasonable to limit the Defendant’s liability for damages to 30%.

B. Calculation of damages

1) Non-party 1’s lost income

A) Facts of recognition and evaluation

(1) The deceased’s age, the name of the lease, and the expiration date of the operation: The same shall apply to the list of “the amount of damages calculated” in the attached Form.

(2) Monetary assessment of operating capacity: 80,732 won per month of the wages of an ordinary worker employed in urban day in the second half of 2012.

(3) Operation period: From September 13, 2012, when the military service of Nonparty 1 ends, to the date on which 60 years of age reaches 60.

(d) Cost of living: 1/3 of income;

[Ground of recognition] Unsatisfy, entry of Gap evidence 4, significant facts in this court, purport of the whole pleadings

B)Calculation

If Non-party 1's lost income is converted to the present price in accordance with the calculation method of the number of days, it shall be KRW 274,069,305, as shown in the list of "amount of damages calculated" in the attached Form.

2) Funeral expenses

A) The plaintiffs asserted

The defendant is obligated to pay funeral expenses of three million won.

B) Determination

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 15 and 16, the funeral of Nonparty 1 was held in the funeral hall of the Armed Forces Waterworks Hospital, and the Defendant fully borne the funeral expenses.

On the other hand, the Defendant stated “No dispute over KRW 3 million for funeral expenses” on the fifth day for pleading, and led to a confession as to KRW 3 million for funeral expenses. However, the Defendant asserts that the confession was revoked in the preparatory document dated May 23, 2014 stated on the sixth day for pleading. The above confession is against the truth, as well as may be deemed to have arisen from the mistake of the Defendant’s litigation performer. Accordingly, the confession was lawfully revoked.

Therefore, this part of the plaintiffs' assertion is without merit.

3) Limitation on liability

82,220,791 won (i.e., lost income of Nonparty 1 274,069,305 won x 30% and less than won)

4) Consolation money

In light of the various circumstances shown in the arguments of this case, including the fact that Nonparty 1 was ageed 23 at the time of death, the fact that Nonparty 1 was unable to perform military service due to depression and committed suicide, the fact that Nonparty 1 was making efforts to a certain extent to adapt to the military unit in the military, the fact that Nonparty 1 was in the military unit belonging to Nonparty 1, the parent’s mind that the Gun should receive and live with the children who committed suicide, and other circumstances leading to suicide, it is reasonable to determine consolation money to be paid by the Defendant as follows.

① Nonparty 1: 30 million won

② Plaintiffs 1 and 2: Each of 6 million won

③ Plaintiff 3: 3 million won

(v) inheritance relations;

Plaintiff 1 and Nonparty 2, the parent of Nonparty 1, inherited the claim for damages of Nonparty 1’s property damages of KRW 82,220,791, KRW 30,000, KRW 112,220, KRW 791, KRW 56,110,395 (= KRW 112,220, KRW 791 + KRW 1/20, KRW 1/20, KRW 1/20, and KRW 1/2).

C. Sub-decision

The Defendant is obligated to pay damages at each rate of KRW 62,10,395, respectively, to Plaintiffs 1 and 2 as damages (i.e., consolation money of KRW 6 million + inheritance of KRW 56,110,395), KRW 3 million to Plaintiff 3 as well as each of the above amounts from April 10, 201, which is the date of termination of tort, until February 5, 2015, which is the date of the judgment of this case, as it is reasonable for the Defendant to dispute the existence or scope of the obligation to pay damages, 5% per annum as prescribed by the Civil Act, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

4. Conclusion

Therefore, the plaintiffs' claims are justified within the scope of the above recognition, and the remaining claims of the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

[Attachment 1] List of Related Provisions: omitted

[Attachment 2] Calculation Table of Damages: Omitted

Judges Jeon Soo-Un (Presiding Judge)