The case holding that it is difficult to recognize a proximate causal relationship between the quality of a superior and the death of the deceased, even if the early officer, who was up to two months after he/she was appointed to the affiliated military unit, committed suicide by hearing the quality of his/her duties, the abusives, etc. on several occasions from his/her superior, and thereby committing suicide due to his/her leader and his/her burden on duties

The case holding that it is difficult to find a proximate causal relationship between the superior's quality and the deceased's death on the ground that, even if the early officer, who was up to two months after he was absent from the military unit to the military unit under his command, committed suicide on several occasions due to his occupational character, position and position, the short-term military service period, the motive and background of suicide, the quality of the superior, and the degree and frequency of his desire, etc., considering all the circumstances, such as the character of the deceased, position and position, the short-term military service period, the motive and background of suicide, the degree and frequency of his desire, etc.

Article 2 (1) of the State Compensation Act

Doopy et al. (Attorney Kim Jong-ho, Counsel for the plaintiff-appellant)

Korea

February 13, 2004

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant held that the defendant shall pay to the plaintiffs 85 million won and the amount calculated at a rate of 20% per annum from the day after the delivery of a copy of the complaint of this case to the day of full payment.

1. Basic facts

A. On March 1, 1998, the N.O.O.T.C. (Rerve Trave Cres, student military training group) graduated from the Korea National University of Foreign Language (hereinafter referred to as "the network") and was transferred to the ledger on June 27, 1998.

B. The deceased’s employees performed the border duty on the south of the DMZd Zone in the Hanwon Steel District. From July 1998, since the end of the work of GOP (the military area south of the South as the Generer POst and the general charging station) of the steel book line, the work and the work performed in preparation for drawing up the area as the back of the FEBA (for example, Edgelelele Area, the top cable) in preparation for the end of the work and the work performed in preparation for the inspection of the net situation of the association of the head of the Hadge Edgele, the work performed in the vicinity of the bus line, the first work undertaken in the vicinity of the monthly light stop board, and the first work performed in the iron book line, etc.

C. Meanwhile, Nonparty 1’s Captain, who was in direct superior of the deceased, erred in the deceased’s performance of duties, and in education and work reporting on the sub-spons, etc. on several occasions, she spreads a bath theory, such as “gall, this spons,” and spons, and puts up as the complete head of the complete military force at a distance of 1.5 km from the large-sponsor, or at a distance of 1.5 km from the large-sponsor, to the large-scale OP.

D. In light of the character of the deceased’s active, internal, and responsibilities and self-esteem and pursuing the complete walls, the deceased was assigned to the ledger and had been faithfully performing duties given to the members of the sub-committee. However, due to the expansion of work capacity, the deceased was forced to urge the members of the sub-committee to work in an unreasonable manner, and as such, the deceased was subjected to a brupt for several times as above, due to the strong sense and burden burden on the performance of the complete task, the deceased’s self-esteem was lost due to the strong sense and burden burden on the performance of the task, the brush of the sub-committee that did not command and neglect the sub-committee, and the brush of the sub-committee that were born due to the work, and eventually, at around 00:25 on August 26, 1998, the deceased explosiond with the brush at the point of 14 meters away in advance from the inside the brush to commit suicide (hereinafter referred to as “the accident”).

E. The deceased did not have any unmarried lineal descendant, and the plaintiffs are the parents of the deceased and their heir of the property.

[Grounds for Recognition: Evidence Nos. 1 through 10 (including each number, and the following; hereinafter the same shall apply), Evidence Nos. 1 through 3, the purport of the whole pleadings]

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion

The plaintiffs asserted that since the deceased committed suicide with severe stress and depression due to Nonparty 1’s abnormal and excessive occupational pressure, injury, booming, and chronology, etc., which is the commander of the major department of the deceased, the defendant is liable for compensating the plaintiffs for the damages suffered by the plaintiffs due to the accident in this case pursuant to Article 2(1) of the State Compensation Act.

(b) Markets:

Before the occurrence of the instant accident, on the grounds that the duties of the deceased were not familiar with and reported to the members of the deceased, it is difficult to recognize that Nonparty 1, the mid-term commander, had been subject to water quality, bathing, and joints several times from Nonparty 1’s Captain, who was the mid-term commander. However, considering all the evidence submitted by the Plaintiff, it is insufficient to recognize that Nonparty 1, the mid-term commander, had excessive pressure, quality, etc. of the deceased’s duties to an abnormal point of view. There is no other evidence to acknowledge otherwise. Although the deceased was cruel by assault, etc. by his superior, it is difficult for any assistant to hear his occupational quality from his superior, and considering that there was no reason to believe that there was no special reason to believe that the deceased’s duty could have been concealed by his superior, and that there was no reason to believe that there was no reason to believe that the deceased’s duty could have been reduced to the extent of his duty to exercise the deceased’s leader’s duty, as well as that there was no reason to remove his duty to the deceased’s leader’s duty.

3. Conclusion

Therefore, the plaintiffs' claims of this case are all without merit, and they are dismissed. It is so decided as per Disposition.

Judges Shin Sung-sung (Presiding Judge)