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(영문) 서울고등법원 2016.07.22 2016나2002411
손해배상(기)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The scope of this Court’s trial (designated parties, hereinafter “Plaintiffs”) sought at the first instance trial for the payment of damages to the Defendant under Article 2(1) of the State Compensation Act to the Plaintiff and the remaining designated parties (hereinafter “Plaintiffs”) (hereinafter “the Plaintiff”)’s share of inheritance to the Deceased’s loss (the lost income, medical expenses, nursing expenses, consolation money, etc.”) and the Plaintiffs’ own consolation money, but all of which were dismissed.

As stated in the purport of appeal, the plaintiff appealed only to the part of the plaintiffs' consolation money, and the scope of this court's judgment is limited to the part of the plaintiffs' claim for consolation money.

2. The reasoning of this part of the judgment by this court is as stated in the part of the reasoning of the judgment of the first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The portion claimed due to harsh acts inside the military forces;

A. The plaintiff's assertion 1) The plaintiff asserts that the deceased's mental suffering by repeating his admission to and discharge from a mental hospital for 33 years since he obtained mental illness due to a harsh act inside the military, and that the defendant should pay to the plaintiffs the amount stated in the purport of appeal as consolation money inherent to the plaintiffs. Accordingly, the defendant's bereaved family members, etc. of the deceased (hereinafter "the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State").

(2) The Plaintiffs asserted that the Defendant cannot claim consolation money in accordance with the proviso of Article 2(1) of the State Compensation Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 2, 2006).

According to this, if a soldier, a civilian military employee, a police officer, or a member of the homeland reserve forces was killed in action or on duty in relation to the performance of his/her duties, such as combat, training, etc., he/she or his/her bereaved family

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