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 reasons for the court’s explanation concerning this case are as follows: (a) the “E” of the first instance judgment No. 2 is cited as “E”; and (b) the reasoning for the first instance judgment is as stated, except for adding a judgment on the assertion that the Plaintiff has repeatedly emphasized in the first instance judgment under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion that the deceased died during the guard duty at the coast, and committed suicide while losing his will as a consequence of the outbreak of depression due to performance of duties or education and training. Thus, the Plaintiff’s assertion constitutes “where he died during the performance of duties or education and training directly related to national security or the protection of the lives and property of the people,” which is the requirement of the soldier or policeman killed in the line of duty.

This is obvious in light of the fact that the Army Chief of Staff treats the deceased's death as the deceased's death on duty.

B. According to the evidence and the overall purport of the arguments admitted by the first instance court as seen earlier, the deceased’s death can be acknowledged as having occurred due to harsh acts, such as cruel treatment of an appointed soldier’s hair and bathing, and as a result, K-2 small gun was exposed to his head while on May 25, 2002.

As such, even though the Deceased died during his/her boundary duty, it cannot be deemed that he/she died of self-injury in a state where he/she was deprived of free will due to cruel acts, such as the mouth and bath of an appointed soldier, rather than having died as a direct cause of the boundary duty, and thus, it is difficult to view that the performance of duties or education and training directly related to the national security, the protection of the lives and property of the people constitutes death.

On the other hand, even if Chief of Staff determined the deceased's death as the deceased's death on duty, the Board of Patriots and Veterans.