2011 Gohap89007 Damages

1. Jindo;

2. The head of △△△;

3. Dogjin;

Seoul Seongbuk-gu

[Defendant-Appellant] Defendant 1

Attorney Park Jong-young, Justice Choi Jong-su, Justice Park Jong-young, Justice Park Jong-jin, Justice Kim Young-hee, Justice Lee Jong-chul, Counsel for the plaintiff

J. M. H. M. H. M. H. M. H. H.

Korea

Legal representative, the Minister of Justice, and the Minister of Justice

Litigation Performers No., 00,00,000,000,000

December 28, 2011

February 3, 2012

1. The Defendant shall pay to the Plaintiff, Jindo, and the head of △△△△△, each of the 31,050,816 won, Plaintiff 1,00,000 won, and each of the above amounts, calculated at the rate of 5% per annum from July 18, 2009 to February 3, 2012, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. 3/5 of the costs of lawsuit are assessed against the plaintiffs, and the remainder is assessed against the defendant.

4. Paragraph 1 can be provisionally executed.

The Defendant: 69, 501, 214 won for each of the △△△△△△△; 5,000,000 won for each of the 69, 501, 214 won for the Plaintiff △△△

As to each of the above amounts, 5% per annum from July 18, 2009 to the service date of a copy of the complaint of this case, and 0% per annum.

The amount of money shall be paid at the rate of 20% per annum from the day of full payment to the day of full payment.

1. Basic facts

A. On February 2, 2009, the deceased entered the Army on February 2, 2009, on the part of ○ University, and entered the Army on April 7, 2009, on the part of 59, the military service was commenced at the 59 team operating units of the Telecommunication on July 5, 2009, and on July 5, 2009.

19: Around 00, while performing the duty of exchange of the operating team of the Telecommunication Line, he sawd with a computer cable, and thereafter sent to a hospital, but died as a determination of brain death at the brain death determination committee on July 18, 2009) Plaintiff Jin-○, △△, and △△△ was the parent of the deceased, and Plaintiff Jin-si was the birth of the deceased.

B. 1) On February 2, 2009, the deceased emphasizes that his psychological problems or conditions are distorted or bad in human nature examination for the Army Training Center admitted to the Army Training Center. There is a high possibility of exaggeration that there is a serious emotional difficulty or disorder. There are numerous tensions. It appears to be difficult in a group life. It appears to be difficult in a group life, and is passive. The result was 2) on February 3, 2009, the deceased made a lot of concerns or concerns about being uneasible before other people. In addition, it is difficult to say that the result of the deceased's self-defense or defense is difficult in terms of group life or group life, and that there was no special result of the deceased's self-defense in terms of 209.20.2.4.

4) On May 6, 2009, in the diagnosis of the personal safety index of the Army, the Deceased was "the suicide risk of the relevant personnel is almost rare in the event that there is no change above the possibility of military stress, the existence of work burden, the existence of family infinites, the existence of separation of gender, and the concern about the quality and punishment of the group of suicide."

5) In the examination of human nature on June 26, 2009, the Deceased is likely to engage in dynamic and contingent actions by showing emotional unstable psychological phenomenon. Therefore, a thorough interest and an immediate consultation with expert (a superior) has been given. "The subject of special inquiry."

C. The Deceased was unable to communicate with brupt language after her own placement. In particular, the Deceased was exposed to severe behavior and daily instructions, and was exposed to a brupt behavior and daily instructions.

2) On June 5, 2009, a mid-term director of the team team who is the leader of the deceased, on the ground that the deceased cannot normally inspect the computer system server at the Information and Communications Operation Office at around 00: Around 00, a mid-term director of the team who is the leader of the team in which the deceased was the deceased, he will immediately check it again immediately, and later check it later. "At around 14:0 on June 16, 2009, a mid-term director of the team, instructed the deceased to bring about a diversity to the deceased at around 00, but on the ground that the deceased was mistakenly aware of this and brought about a spread, a mid-term director of the team who was the leader of the team in which the deceased was the leader of the team, and a half-term director of the team was able to carry it back to the 20th century without permission from June 18, 2009."

5) On June 23, 2009: Around 08: 00, a lieutenant Major confirmed that the food brought in by the deceased was food by dividing it into a serious won with the approval of the mid-term ledger, and confirmed whether he/she would have reported it to the director of the company, and if he/she would be drinking, he/she would have been aware of the mother. "When he/she takes his/her strings, he/she forced a military unit, including the ordinary deceased, to extend up to a size of about five minutes. 6) Of the strings, he/she forced a military unit, including the ordinary deceased, to extend up to July 3, 2009, a military unit, with "hacker". "In intimidation, the deceased, etc. caused the deceased, etc. to do an act of having him/her take charge of 10 to 30 minutes per week, and caused the deceased, etc. to do not have a duty to do so.

7) During the period from December 2008, to July 3, 2009, middle sergeant had the Deceased start a ice cream and bread twice a week from the Haakingman to July 3, 2009, which had the Deceased start up two times a week from the Haakingman to the Haakingman from April 2009 to July 3, 2009.

D. On July 22, 2009, a mid-term Major was prosecuted at the 23th Military Court for the violation of the Punishment of Violences, etc. Act (Habitual coercion) and was sentenced to a suspended sentence of two years in August, 200, on the grounds that the crime of coercion as stated in the above paragraph (c) was found guilty. On the other hand, a suspended sentence of two years was sentenced for the charges related to the above (c) and (h) among the charges related to the deceased, and (h) was not recognized, or not guilty on the ground that it was an official order.

2) The 23th Ordinary Prosecutor’s Department of the 23th Assistant Soldiers’ Office refers to the superior officer of the Deceased, who is a superior of the Deceased.

From Central Police Officer to July 4, 2009, he habitually assaulted the Deceased and forced him to do a non-obligatory act. “The investigation was conducted on October 30, 2009 as a suspected fact, but the act of gambling was conducted in a prone atmosphere due to the circumstance, and instead, on the ground that there is no evidence to acknowledge the suspected crime based on the statement of Mari-si, etc. that the Deceased had attempted the military life of the deceased.

[Grounds for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 10 to 12, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) A soldier, such as the Deceased, is drafted to serve in the military regardless of his/her will to perform his/her duty of national defense. In light of the characteristics of a military unit, soldiers are subject to strict restrictions on contacts with outside society during their service period, and their actions are controlled by strict regulations. Since the contents of their duties are often difficult mentally and physically, the State is obliged to pay due care to soldiers so that they can return to society in a healthy state by maintaining and preserving their mental and physical health during their service period.

Therefore, the State shall conduct sufficient interviews and inspections in advance to ascertain whether the disease in question is likely to commit suicide, and shall take necessary measures to prevent suicide, such as proper treatment and coordination of work, when confirming the possibility of suicide. If the State neglected to take such measures, even if there was a person who committed suicide unique to the disease in question, it shall be deemed that the State violated its obligations.

2) The following circumstances are revealed in full view of the health team, the above basic facts, and the purport of the entire arguments as to this case. ① According to the results of the personality examination of the deceased, the personal safety index diagnosis conducted at the Army on May 6, 2009, after about one month after the deceased was placed in person, which was determined as a normal result of the examination of the suicide group, but the deceased was determined as a normal result of the examination of the personal safety index diagnosis conducted at the Army on May 6, 2009, but on June 26, 2009, on June 26, 2009, after about ten (10) days before the deceased attempted suicide, he/she was likely to engage in dynamic contingency, so he/she shall be given a close interest as well as a right to consult with experts. The object of the special review. In light of these circumstances, “The deceased is expected to have been under severe stress due to coercion, such as coercion, etc. as seen earlier.”

26. In light of the fact that there is no special circumstance that the deceased could commit suicide in addition to pressure or mental stress after being posted to the military unit, the commander of the unit affiliated with the deceased, even though he was in need of prompt consultation with the deceased, was unable to adapt properly to the military life, such as the deceased’s failure to take any action for about 10 days after the result of the above examination, and the deceased’s failure to take any measures for suicide, and the deceased’s failure to take any action for about 10 days until the deceased attempted suicide, and the deceased’s failure to take any other measures for suicide, such as pressure or mental stress, etc. after being placed in the military unit, and the deceased’s failure to sufficiently adapt to the military life, such as being exposed to a shot language, and being subject to severe stress in the situation where the deceased’s attempt to commit suicide had not been taken proper measures from the commander of the unit affiliated with the military.

Since there is a proximate causal relation between the coercion of a mid-term death and the suicide of a commander and the suicide of the deceased, and such harsh conduct, management, and supervision are closely related to his/her duties, the Defendant is liable to compensate for damages suffered by the Plaintiffs, who are the deceased and their bereaved family members due to the above tort.

B. Limitation on liability

However, in light of the fact that the above coercion act was committed against the deceased as well as the entire unit members, but other unit members were living a military life normally, and the period until the deceased died after the result of the inspection conducted to the effect that the special management is necessary for the deceased is merely 10 days, and thus, the commander seems to have been unaware of sufficient time to prepare for it, and the deceased's attempt to actively solve the problem, such as notifying the commander of the difficulty and requesting him/her to assist, etc., without prejudice, was chosen to actively act as a suicide, the deceased's mistake was also a serious cause for the cause of suicide. Accordingly, it is reasonable to consider that the Defendant's compensation liability is limited to 20% in total, in light of the fact-finding that the deceased's suicide was caused.

3. Scope of liability for damages

(a) Actual income:

Personal information is 260,508,160 won calculated at the present price at the time of the instant accident in accordance with the discount method which deducts intermediary interest at the rate of 5/12 per month based on the following (1) to 3 for lost income equivalent to the monetary total assessment value of the operating capacity lost by the Deceased due to the instant accident. (1) Personal information is 260,50 won calculated at the present price at the time of the instant accident.

Gender: A male and date of birth on February 16, 1989 (the remaining 20 years and 5 months in time of the accident) income and maximum working age

From February 3, 201, the day following the day following the scheduled date of discharge from the plaintiffs' claims, the deceased engaged in daily work as an ordinary worker on the 22th day of February 15, 2049, which is the maximum working age from February 3, 2011 to February 15, 2049, and was able to raise the monthly income of KRW 1,628,176 ( = the unit wage of KRW 74,000 in the second half of year of 201 x 22 days). 3) Cost of living: 260,508,160 won [number 260,508,628, 176 won x 2/300 x 2400 x 2400 x 2400 mp)];

(b) Limitation 1) The defendant's liability ratio: 20 per cent

The deceased’s lost income 260, 508, 160 won X 20% = 52,101,632 won. The defendant asserts that the deduction of death consolation money should be made on January 12, 2010 by paying KRW 5,00,000 as consolation money for the instant accident to the plaintiff Jin-○○ on January 12, 2010. Thus, as long as death consolation money is paid on the part of the deceased’s surviving families during military service, it cannot be deemed that the above death consolation money was paid under the pretext of compensating for property damage as part of the compensation amount to be paid by the defendant. Thus, the defendant’s above assertion is rejected, and this is to be considered only in calculating the amount of consolation money.

(d) Reasons for taking into account consolation money 1): The deceased’s age, the background and result of the instant accident, the degree of the deceased’s negligence, the relationship between the Plaintiff and the deceased, and the amount of consolation money paid by the Defendant, etc., as shown in the pleadings of the instant case.

Deceased: 5,000,000 won

Plaintiff 1: 2,500,000 won, respectively, for △△△△△

Plaintiff 1,000,000 won

(e) Inheritance-related 1) Amount subject to inheritance: Inheritance-related 57,101,632 won in total ( = 52,101,632 won in the deceased’s property damage + 5,00,000 won in the deceased’s property damage + calculated based on Plaintiff Jin○○ and △△△△△△△△ 1/23 in each of 23): Plaintiff Jin○, △△△△ 28,550, 816 won in each of 1/2); and

F. Sub-committee

Therefore, the Defendant is obligated to pay damages for delay calculated each rate of 20% per annum as stipulated in the Civil Act from July 18, 2009, which is the date of suicide of the Deceased, to the Plaintiff ○○○, the head of △△△△△△△△, each of which is KRW 31,050,816 ( = the inherited portion of KRW 28,50,816 + KRW 2,500,000), and to the Plaintiff △△△, each of which is KRW 1,00,000, and each of the above amounts, to the Plaintiff △△△, for the existence and scope of the Defendant’s obligation to perform, from July 18, 2009, to February 3, 2012, which is the date of this decision, to the day of full payment, from the next day to the day of full payment.

4. Conclusion

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

Judges Shin Jae-soo

Judges Kim Jin-man

Judges already