207 Doz.31728 Compensation for damages

1. A;

2. B

3. C.

4. D;

5. E.

Korea

January 13, 2010

February 3, 2010

1. The defendant shall pay to the plaintiff A and B 400,000,000 won each of them, 40,000,000 won each of them to the plaintiff C, D, and E, 5% per annum from April 24, 2007 to February 3, 2010, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' respective remaining claims are dismissed.

3. Of the costs of lawsuit, 1/5 are assessed against the Plaintiffs, and the remainder are assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff A and B 50 million won with 50 million won per annum from the day after the delivery of a copy of the complaint of this case to the day of complete payment. The defendant shall pay to the plaintiff C, D, and E 50 million won with 20% interest per annum from the day after the delivery of a copy of the complaint of this case to day of complete payment.

1. Basic facts

(a) Military admission and service relationship of the F;

1) On September 28, 1983, F (hereinafter referred to as “the deceased”) entered the army as the 102 Supplementary Team of the Army, and was transferred to the 11st, 13th, 1983 H&C of the Army G Group H&C of the Army on March 1, 1983.

2) In the first time, the Deceased was placed in a fire brigade and served as a ammunition, but from February 4, 1984, the Deceased was performed by the Central Headquarters I’s order work at the Central Headquarters.

B. Death of the Deceased

On April 2, 1984, at around 11:00, the Deceased was found to have been hidden by suffering approximately 50 meters away from the center of the Central Headquarters, from approximately 50 meters back to the south, from the rear, the 2 head and 1 head on the chest. (hereinafter referred to as the “instant accident”).

(c) Investigation results by a military investigation agency;

1) On April 24, 1984, the military police officer of the second military police group of the Army was killed by each deceased on May 1, 1984, while the military police officer of the GJ was found to have committed suicide by each deceased on April 30, 1984, and the first military police officer of the first military headquarters was determined to have committed suicide by all of the deceased on February 1, 1990.

2) The main contents of the instant accident investigated by the military investigative agency are as follows.

A) The Deceased, who caused suicide, proposed that he be forced to place him according to a series of bullyings due to bullyings, violence, and the characteristics of bullyings, etc. Around April 2, 1984, the Deceased was engaged in severe rashing on the ground that he was found to be erroneous in combat clothes from around 08:00 on April 2, 1984. At around 09:30, the Deceased, on the ground that he was negligent in combat clothes, she was subject to violence, thereby having lost his will to serve due to severe coercions and caused suicide.

B) Action before suicide

On April 2, 1984, the deceased moved to the J on the 09:50 on April 2, 1984, left the steel stuff, and then taken the M16 small guns and 30 ball cartridgess (2 shots) from the spacker unit next to the wooden team situation room, and went to the waste oil 50 meters away from the south of the center of the company headquarters.

C) The Deceased’s suicide method: (a) he was charged with one ball gun in M16 small guns; (b) knife the part of the gun’s upper cover on the right chest; (c) knife the gun’s upper cover on the right chest; and (d) attempted to commit suicide with the left fingers in the old part; and (c) he did not have a sciff’s name. The Deceased again launched the guns on the left chest by putting the knife into the left hand; and (d) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif; and (d) died by the two kacks.

(d) Investigation and announcement of the results of the committee for ascertaining questions and photographs;

1) On December 28, 200, the Council for the Ascertainment of Questions (hereinafter referred to as the “Council for Questions”) received the truth of the instant accident from the Plaintiff A, the father of the deceased, and started the investigation, and announced the results of the interim investigation on August 20, 2002 that the deceased was killed, and again announced the result of the final investigation on September 10, 2002 that the instant accident was killed.

2) However, inasmuch as it is difficult to recognize that the deceased died due to the exercise of the illegal governmental authority, the deceased’s authenticity was dismissed, and the deceased recommended the State to establish an independent and neutral organization exclusively in charge of the investigation into military literature cases.

3) The main contents of the instant accident examined by the Speaker and Investigation Committee are as follows.

A) From April 1, 1984 to April 2, 21:00 to April 2, 202:00, K and 19 to reduce the promotion of the first K, among the third-class directors in the middle-class office located within the central headquarters, from the middle-class office located within the central headquarters, K and 19 to the middle-class L in the middle-class office. The deceased, who was a senior officer, was able to prepare for the safety, etc., and was in the middle-class office for the reason that the inside-class share price was poor.

B) The L on the occurrence of a firearms event was a kind of dispute with I in the drinking place. While under the influence of alcohol, he was breathing the door of the middle-class room into a string and a string of the front and the string of the string of the front and the string of the string of the front. L was her 16 small guns in which the string of the front string of the front string was inserted, and the string of the front string of the front string. L was her string of the front string of the front string, and the deceased was her string of the front string. L was her string of the front string of the front string, and the deceased was her string of the front string, and was her string of the front string.

C) After the additional shooting deceased for the concealment of the instant case’s launch, he concealed the case by falsely reporting the deceased’s suicide to the large-scale situation room. The first large-scale commander M, who received the report, was a serious headquarters in the AW along with N in charge of the security unit, and the N demanded N to assist N to conduct the instant management. Some of the personnel of the CJ 100 with J, who carried out the steel string patrol, carried out water cleaning, such as cleaning the decedent’s skin, who was faced with the internal affairs. At that time, at around 10:0 to 11:00, after the end, she caused the death of the deceased at the left chest and right head of the 16th unit in the order of the deceased.

E. On August 26, 2002, the Ministry of National Defense conducted an interim investigation by the Ministry of National Defense, based on the results of the interim investigation by the President of the National Defense, and on August 26, 2002, constituted a special investigation group (hereinafter “special investigation group”) and started re-investigation into the instant accident. On October 29, 2002, the Ministry of National Defense announced the results of the interim investigation that there was no firearms-emitting accident in the central headquarters. On November 28, 2002, the Ministry of National Defense announced the results of the final investigation that the Deceased committed suicide again.

(f) Re-audit and announcement of the results of re-audit of the Speaker;

1) On the other hand, after the results of the investigation by the special coordination group were announced, conflicts between the question and the special coordination group were created with the truth of the instant case, and the Board of Audit and Inspection continued to dispute over the truth of the case, such as punishment for confirmation and investigation by the Board of Audit and Inspection.

2) Accordingly, the question-finding Council decided to resume the investigation of the instant accident on September 1, 2003, 14, 2003 (No. 35 of the resumption of the investigation), and formed a new investigation team to re-examine the instant case on September 1, 2003.

3) On June 28, 2004, a medical doctor’s death was again announced that the deceased had been killed in the same way as the result of the investigation by the first medical doctor’s death council. However, on the ground that it cannot be determined whether the deceased’s death was related to a democratization movement, a medical doctor’s death was impossible to ascertain the truth.

G. The Plaintiff A and B’s parents, Plaintiff C, D, and E are brothers and sisters of the Deceased. 【The fact that there is no dispute over the grounds for recognition, Party A’s evidence Nos. 1, 2-1 through 3, Party A’s evidence Nos. 4 through 8, Party A’s evidence No. 9-5, 8, 278, Party A’s evidence No. 10-11, 12, 14, 159, Party A’s evidence No. 177, 178, and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiffs

The deceased was killed by a military unit of the deceased’s service due to the same circumstance as the result of the investigation of a medical doctor’s death, and the defendant shall be liable for the damage caused by a public official’s unlawful act of performing his duties

In addition, the commander, the commander, and the commander of the fleet, etc. concealed the case by the members of the military unit, such as military police units, etc., who intentionally concealed and fabricated the truth in the course of investigation into the accident of this case, and dealt with the case as a suicide. This private person's concealment and manipulation constitutes a tort, and thus, the defendant is obliged to compensate the damage suffered by the plaintiffs.

B. The Defendant: (a) committed suicide in the same way as the result of the military investigation agency and special investigation group; and (b) the military investigation agency, military investigation agency, and special investigation group did not conceal or manipulate the truth of the instant accident; and (c) concluded that the Deceased committed suicide by faithfully investigating and investigating the accident; and (d) therefore, the Defendant is not liable for damages.

3. Determination as to the homicide of a member of the unit belonging to the Deceased

A. The review of the evidence circumstances presented in this case took place in about 26 years before 1984, and thereafter 10 times thereafter, the accident was conducted by the military investigation agency, questioning officer, and special group. There have been a lot of evidence collected including the statements of those who directly or indirectly experienced the accident at the time of the investigation so far, but these evidence have not been in conflict with various issues. There are different conclusions between the respective government agencies which examined the death of the deceased. In this case, even if the deceased asserts that the suicide was committed, the party asserting that the death was committed, the party asserting that the deceased was killed has consistent evidence consistent with his argument during the investigation process, and, in particular, there were seven serious head office staff members who observed the accident at the time of the accident in this case, there were no statements made by the deceased at the time of the suicide, and there were no statements made by the deceased at the time of their testimony during the investigation, and these statements made by the deceased at the time of their testimony during the military investigation, and these statements made at the time of their testimony during Q 14th of the death.

A serious headquarters staff member may not deny that his statement, as a person who was the most directly experienced in the instant accident, is an important evidence in identifying the truth of the instant accident. However, their memory may not be ruled out that there was any mixture of the facts actually experienced by them at the time of the instant accident and the information introduced in the course of the investigation. If the deceased is deemed to have been killed, they are directly and indirectly involved in the concealment, and in addition, they are directly and indirectly involved in the concealment, and in the case of P, they cannot be ruled out that there is a possibility that they made a false statement at the Speaker for the purpose of compensation, thereby identifying the truth of the instant case solely based on their statement is likely to be omitted from the error of fact finding.

The determination of the credibility of each of the above statements, which are 25 years or more after the occurrence of the instant accident, is very difficult unless there is a new evidence superior to these statements, and as long as the possibility that part of the material personnel is likely to be involved in the concealment or manipulation of the case cannot be ruled out, the truth of the instant case cannot be determined on the ground that there is a large number of persons who make a statement consistent with one of the allegations, as seen earlier, on the ground that the number of persons who make a statement consistent with one of the allegations is too large.

For the above reasons, it seems more appropriate to view the substance of the case on the basis of the remaining evidence except for the statements of the personnel of the headquarters. In particular, it should be given priority to ascertaining the primary fact about the deceased’s private life through the distress and the legal review of the body of the deceased who can be said to be the most objective evidence as evidence of the accident of this case, which is low possibility of handling as evidence of the accident of this case, and which is the most objective evidence.

Next, in the instant case, a majority of the statements made by the commander and soldiers belonging to the company, the company, the company, and the group of soldiers except the employees of the company headquarters are also admitted as evidence. These evidences are relatively low possibility of smoke or manipulation, and even if there is any inconsistency in the specific and detailed contents, if there is any overall consistent contents among them, the credibility of the statements made by the above persons concerned cannot be readily rejected. Accordingly, comprehensively considering the statements made by the above persons concerned, it is necessary to view the situation before and after the instant accident, such as ① the hearing of totality, ② the recognition time of the commander's case, ③ the concealment and manipulation circumstances after the occurrence of the accident.

B. Legal review of the deceased’s body condition and the deceased’s body status

1) Facts of recognition

A) The deceased’s dead body’s wife, etc.

(1) 오른쪽 흉부 총상 사입구는 오른쪽 젖꼭지에서 4시 방향으로 약 5cm 지점에 약 0.7㎝의 크기로 형성되어 있고 사입구 주위에 5.5×3m의 피하출혈이 있고 매연4)과 소운5)이 존재하며, 사체 발견 당시 검붉은색을 띠고 있었다. 사출구는 오른쪽 흉부 뒤쪽의 제8번과 9번 갈비뼈 사이에서 근육간 출혈이 동반된 3.5×1.5㎝의 크기로 형성되어 있으며, 총알이 흉부를 관통하는 과정에서 오른쪽 제5번과 6번 갈비뼈 연골 부분을 중심으로 그 주변으로 갈비뼈 사이 근육 내출혈이 발생하였고, 연이어 오른쪽 폐장 하엽과 횡격막의 파열, 간장의 앞쪽 중앙 상부 10×8m의 불규칙한 파열이 순차적으로 이루어졌다. 사입구와 사출구는 거의 수평을 이루면서 오른쪽 가슴에서 오른쪽 겨드랑이 방향으로 총알이 관통된 형상을 보이고 있다.

(2) 왼쪽 흉부 총상 사입구는 왼쪽 젖꼭지에서 9~10시 방향으로 약 4cm 지점에 약 0.7㎝의 크기로 형성되어 있고 사입구 주위에 6.5×4.5cm 크기의 피하출혈 및 매연이 존재하며 사체가 발견될 당시 선홍색)을 띠고 있었다. 사출구는 왼쪽 흉부 뒤쪽의 제6번 갈비뼈 부근에서 근육간 출혈 및 표피박탈을 동반하여 3×3.5㎝의 크기로 형성되어 있으며, 총알이 흉부를 관통하는 과정에서 왼쪽 제4번과 5번 갈비뼈 연골 부분을 중심으로 그 주변으로 갈비뼈 사이 근육 내출혈이 발생하였고 왼쪽 폐장 하단이 파열되었다. 사입구와 사출구는 거의 수평을 이루면서 왼쪽 가슴에서 왼쪽 겨드랑이 방향으로 총알이 관통된 형상을 보이고 있다. 오른쪽 흉부 총상과 왼쪽 흙부 총상으로 인한 각 근육내 출혈은 비교적 균등하였다.

(3) In total, the two sides are composed of a size of 8.5 x 5 cm on the right side, and the heading part of the front part of the shooting-gu is teared out of the outside, and there is a shocking part of the upper part of the front part of the shooting-gu, and there is a shaking of the upper part of the front part of the shooting-gu. There is a wide range of two parallels and a strong string of the upper part of the upper part of the front part of the shooting-gu and the two governments, and the upper part of the front part of the shooting-gu is substantially destroyed and the upper part of the exit is almost open to the upper part of 14 x 8 cm.

(4) Any other action.

망인의 왼손 엄지와 검지 사이 부분에 피부가 2.8X1.5cm 크기로 파열되어 있는데, 상처 주위에 다량의 매연이 묻어 있다. 또 왼쪽 손목 안쪽에 발적흔(發赤痕)이 있는데 이 상처는 엄지와 검지 사이를 중심으로 시작하여 관절을 향하면서 일직선 형태로 나 있으며 윗부분으로 갈수록 점차 색깔이 흐려지고 있으며, 왼쪽 손목 바깥쪽으로는 외상이 없다.

(5) Other matters.

There is a blood transfusion of 200cc in the body of the deceased and 700cc yellow content in the above body.In the field of the camping where the deceased was put at the time of the discovery of the body, the body is laid down around the left chest gun in the front part of the Ma16 small guns, and the radioactive type of powder is laid down around the two outs of the front part of the front part, and the body is emitted in the shape of the belt.

B) Legal opinions on the deceased’s dead body

(1) In the medical history of the deceased, X, Y, as well as WW as a body autopsy of the deceased’s body, provided the deceased’s body autopsy and materials, and legal opinions were presented. On November 25, 2002, the special group held a debate on the instant accident on the medical science, and participated in the debate by Z, AA, AB, AC, AD, and AE as a domestic legal person.

(2) As to the instant accident, the legal issues mainly discussed were ① red folding red foldings, ② whether such color difference is due to a difference in the time to which the upper part occurred or due to a difference in the launching distance, ② whether it is the inspection gun that occurred due to the launch of the gun or defense against another person’s attack in the situation where the upper part of the upper part was supported by the driver’s hand of the gun, ③ whether it is the resistance that occurred in the course of launching the gun or defending another person’s attack, ③ whether the sudden confusion in the upper part of the left part is the heat that occurred when the upper part of the ship was launched or launched by the head board, ④ whether the upper part of the 3rd parts occurred and the order and interval of the 3rd parts, ⑤ whether it is possible to commit suicide on the upper part of the 3rd parts and commit suicide, etc.

(3) The majority of legal scholars expressed their opinions in that they are a co-ordinary co-ordinary by a contacter or a neighboring company on the basis of the fact that there is a exhaustive attachment on the world’s top.

(4) However, it is doubtful that AA and X, if the deceased's private person launchs by leaving the upper part of the body, even if it is possible to do so, the deceased's attitude was taken by the person who committed suicide. The upper part of the left part of the M16 small guns, expressed that there was a possibility of killing because it was a scrupt by the scrus of the M16 small guns, and that the upper part of the Y, AD, AC, and AF appeared to have all the upper parts of the Y, while it appears that the upper part of the Y, AD, AC, and F, the upper part of the Y appears to have occurred after the year. The reason is that the upper part of the upper part of the upper part of the upper part of the upper part, and the reason is that the upper part of the left part of the upper part of the body was covered by the skin, and that the upper part of the upper part of the upper part of the body was in contact with the upper part, and that it was highly likely that the suicide and the upper part of the air.

(5) W, which is the body body of the deceased, is found to have a life reaction in the body of three teams at the time of the autopsy, and the body of the left knife appears to have fasted three parts during the existence. The body of the body of the deceased was formed at the same time when the upper part of the knife and two parts are fasted in the gun with the left hand, and the private person is considered to be suicide. However, in the process of the questionnaire, if the body of the deceased's body is different in color from that of the upper part of the right knife, it seems that there is no possibility that two parts of the upper part of the body and the upper part might have suffered a total knife after the lapse of time, and it is difficult to see that the body of the deceased's body of the deceased's body's body's body of the deceased's body's body's body of the deceased's body's body's body of the deceased's body's body's body of the deceased's body of the deceased.

【Reason for Recognition】 23, 85, 86, 128, 255, 264, 273, 274, and 10-2, 46, 47, 52, 94, 106, and 3, each entry of evidence of subparagraph 9-23, 85, 86, 128, 255, 273, 274, and

2) Determination

The following facts may be ratified from the status of the deceased’s dead body and from the legal examination of the deceased’s body.

A) Since both chest soldiers did not have a major organ such as the heart, the two parts are considered to fall under the name of a master, the two parts are deemed to fall under the category of a master. 8) In light of the fact that the two parts are slick around the slick-gu and a large quantity of smokes in the organization around the slick-gu and that there is a trace of powders in the two parts of the slick-gu slick-gu slick-gu sleep.

B) Taking into account the fact that the blood volume of each chest of the chest gun is relatively equally equal, each chest gun is considered to have occurred within a relatively nearest time. In addition, in light of the fact that the upper left chest gun was stuck out from a flame gun of Ma16 in the front of the deceased, the upper top of the upper top is by a nearbyr with a little interval between the front gun and the front gun, and powders were adhered to the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part, and the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the body, while the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the deceased, it is determined that there was a difference between the upper part and the upper part of the upper part of the upper part of the upper part of the upper part of the body.

It seems that it is not due to .10)

C) In light of the fact that the upper part of the left hand and the body of the deceased are sprinking or adjacent to the body of the deceased, and that the body of the deceased’s body of the body of the deceased’s body or the body of the deceased’s body of the body of the body of the body of the body of the deceased’s body of the body of the body of the body of the body of the deceased or the body of the deceased’s body of the body of the body of the body of the deceased’s body of the body of the body of the body of the deceased, or that the body of the deceased’s body of the body of the body of the body of the deceased’s body of the body of the deceased’s body of the deceased’s body of the body of the body of the deceased’s body of the body of the deceased, in response to the body of the deceased’s body of the deceased and the body of the deceased’s body of the body of the body of the deceased, with a total part of the body of the deceased’s body of the deceased’s body attached, the possibility of launch cannot be ruled.

D) With respect to the image of which the upper part is red and the upper part of the upper part of the left part is generated when the upper part of the upper part is emitted from the upper part of the body. There is no accurate autopsy data on this issue.

However, in light of the fact that the shape of the above-mentioned is a straight line towards the tolerance, and that the upper part is gradually becoming the coloring, it is highly likely to be the future.

However, it is difficult to conclude that this body was caused in the course of the deceased’s suicide even if this body was the image. At the examination date of this court, the defendant explained that the body body body of the deceased, which has physical conditions similar to that of the deceased, is possible to 2 hair in his chest and 1 hair in his chest with a Ma16 small gun, and that the inner cover of the body inside the left part of the deceased is hacked with a knife with a knife with a knife and with a knife with a knife and with a knife and with a knife with a knife and with a knife with a knife, it is hard to conclude that the body body of the deceased suffered heat by a knife with a knife, and that the body body of the deceased was flife with a knife with a knife in the front part of the deceased’s body.

Rather, as seen in the following, it is more persuasive to view that the deceased, at the time of the two parts, was fluent with the left hand, was fluent and close to the head of the body, and thus, inasmuch as the flames emitted in the course of launching were fluording into the left part, and carried the image in the form of a straight line into the left part.

E) We examine the order of occurrence of both chests and two parts with respect to the following order of occurrence.

If the deceased were to commit suicide, because the total sum of the two parts is a fatal figure, both chests are in a logical relationship that must take the part of the two parts before the death. For this reason, the defendant asserts that the two parts of the two parts are the last total sum on the grounds that all the three parts of the three parts seem to be living reaction.

The records show the following data on the deceased's living reaction.

1. In the case of a spambling room and a spambling room in the vicinity of a spambling room and a spambling room, the spambling room and the spambing part of the spam and the spambal part of the spambling body.

② The left scarfing of a scarf on the left chest gun means that the deceased was living at the time due to the combination of the scarfane from the gun with the organization (No. 10 No. 47). ③ All the scarfings caused a living reaction with the decline of the scarf (No. 10 No. 10).

However, since blood can grow up until blood is recovered, it cannot be readily concluded that the blood from the deceased's body is an reaction to the deceased's living without any fluoral test on the recovered tissue (A evidence 10-26, 46). The blood from both chests is 200cc or more. In consideration of the deceased's body size, water surface, damaged organs, etc., it cannot be said that the blood from the chest body in the living condition is too large. As seen earlier, the color difference between the upper left chest body and the right chest body at the time of launching the gun is closely connected to the deceased's body, and there is no specific material to view that the color side on the left chest body of the deceased's body is a result of the reaction with the U.S.carbon, and even if the deceased's body is dead, it is difficult to readily conclude that the Defendant's body reaction was the body reaction to the death of the deceased, even if there is no specific evidence to deem that the body reaction was the body reaction to the death of the deceased.

3) Sub-committee

The result of the examination by the above legal scholars is not based on the result of the direct report and observation of the deceased's body, but it is only an indirect opinion based on insufficient data, such as autopsy photographs, field photographs, etc. of the military police unit, and the body of the deceased was not closely examined at the time of the autopsy, and it is true that one opinion is difficult to explain the deceased's body without contradiction.

However, in full view of the above points, at least two chests appear to have occurred at a close time, and as long as it is difficult to conclude that the two parts fall under the name of the body but the last part is the body, both chests and the time of occurrence are different.

C. Before and after the instant accident

1) Facts of recognition

A) Preparation of the deceased’s attitude of military life and leave

(1) The Deceased received a name from other soldiers as an exemplary soldier with good faith and responsibility within the three major group of soldiers, and had a character as well as adapt well to the military life. However, the Deceased, as he was in charge of the front order of the middle group of soldiers, was trying to return to the first class of the middle group of soldiers, or making it difficult due to the middle group of soldiers, because of the characteristics of the first class of the middle group of soldiers, the Deceased would have been in charge of the middle group of soldiers, and was able to return to the first class of the middle group of soldiers or the middle group of soldiers.

(2) On the other hand, the Deceased was scheduled to take leave on the day following the occurrence of the instant accident. However, on the day before the occurrence of the instant accident, the Deceased expressed that it was immediately a leave of absence to AG (14 subspons), AH (19 subspons), AI (1 subspons, etc., and that AJ (19 subspons) requested AJ (19 subsponsspons) to lend a leave of absence.

B) The drinking place prior to the occurrence of the instant accident

(1) The size of a building on which a serious headquarters leader and a serious headquarters staff, including the deceased, have worked and liveded is approximately 13.6 square meters, and there was a heavy ledger room and a personnel room on the left side of the entrance, and a personnel room on the left side of the entrance. The intrusion is left side from the middle ledger, there are two firearms storage units and one on the books of the fraternity members, and there are two on the back of the personnel management room, and there are lick boards on the right side of the center, and the inside of the center was on the middle ledger in the location opposite to the central entrance.

(2) From April 1, 2008, I had been in drinking together with L among K and 19ths, since around April 21, 2008, in order to accelerate the promotion of the First Class K in the middle group of K in the middle group of K in the middle group of K and K in the middle group of K in the middle group of K and K in the middle group of K in the middle group of K and K in the middle group of 19ths. I and L are divided into approximately four Hobbbes, which were prepared for each

(3) The Deceased, as an order of the mid-term commander, she was in the middle-term commander, who prepared for coffees and woms while waiting for coffees and woms in the middle-class commander, but she was faced with the field on the ground that she was unable to properly she, or that she was insufficient for she was in the middle-class commander. On the other hand, I was unable to she was in the middle-class commander before she was out of her lock, so other personnel of the middle-class headquarters were in the face of shed and shed on the her woms or shed on the woms.

(4) During that period, L made a talk that L had treated this drinking house loan to I, and there has been an oral dispute between them. L having been made a string of the heavy house room with string and string the door of the heavy house, and made verbal abuse to the personnel of the serious headquarters who had been in the inner string of the firearms, and made it possible for K to gather 16 small guns and threaten the personnel of the serious headquarters who had been left in the gun string of the firearms. Accordingly, K filed a petition for the disturbance followed L, and then 16 seconds returned to it.

C) Patrols on the day of the instant accident

(1) From February 8, 1984, 11 p.m., the three major KOP teams H were invested into GOP, and 11 p.m. during the week, and 31 p.m. during the night, the two major KOP teams were located in each direction around the headquarters, and 19,20 p.m., 16, 14 p.m. around the headquarters.

(2) Of them, soldiers belonging to the 16th century were on the boundary duty at the 21,18, and 11st century, and the first 21th son was on the boundary duty between the company headquarters and the 19th son, the second 18th son and the 16th son, respectively, between the company headquarters and the company headquarters, and the first 11th son’s 16th son and the second 14th son respectively.

(3) Although Byung had a duty to conduct daily patrols on the GOP boundary status of soldiers, the company did not have performed a patrol once for two months since the commencement of the boundary duty within the GOP.

(4) On April 2, 1984, when the instant accident occurred, from 09:30 to 00, K (J (N) was able to move to the 11st head office in the direction of the 14th head office in the direction of the 16th head office, from the 21st head office to the 11th head office in the direction of the 16th head office. K (V) who was the 16th head office at the time was waiting to the 16th head office at around 08:00 and was waiting to the 1st head office at around 08:0, while waiting to the 1st office. On the other hand, on the same day, no new disease, move-in report on move-in of the 16th head office, report on moving-in type, report on out-in patients, etc. was made at the 16th head office.

D) The origin of a gun during the patrol;

(1) From 07:00 a.m. to 11:00 a.m. and 17 a.m., at the center of the company. From 07:00 a.m. to 18 p.m. on this day, AL, AM, N, and AP used at the beginning of the 111 p.m., which had been put in the front school of the Republic of Korea from 07:00 a.m. to 18 p.m., reported all the above-mentioned totals and reported the fact to 16 p.m. at 16 p.m., AO and AP showed that the soil dust was exposed to 2 p.m. on the side of the body of the company headquarters. Among these, AL, AM, AO, and AP stated that 2 p.m. had been put in the front school of the Republic of Korea and that N was 23 p.m.

(2) At the beginning of the 16th century, AS, AT, and AS, AT, and AS, AV, and AW, waiting for the patrol outside of the 14th century, during which they had been working in the situation at the beginning of the 16th century, stated that both of them had the total strength of two bills in question.

(3) The J, who carried out I, has come to the 14th place earlier than 100s, and had been carried by the deceased at the time of the patrol, was reported to the 16th place of 16th place of her death, and reported this fact to I. I heard it and immediately returned to the J along with the 14th place of her direction.

E) The circumstances after the instant accident occurred

(i)to conduct water cleaning in the internal office of the headquarters;

(A) Some of the personnel of the serious headquarters conducted water cleaning, such as cleaning by using hydrogens and bends, etc. AV (14th source), AJ (19th source), AG (14th source), AW (14th source), AW (14th source), AY (19th source), AR (16th source source), AR (16th source), AR (16th source), and AN (16th source) had been witnessed by the material headquarters staff in the questionnaire, after or after the occurrence of the instant accident. In particular, AV, AV (14th source), AV (14th source), AV (19th source), AR (16th source source), AR (16th source source), and AN (16th source source) made a statement that the serious headquarters staff members of the headquarters were sleeping.

(B) On the other hand, since the location of the headquarters is not separately supplied with water, so the personnel of the ordinary headquarters was discharged from the valley with 16 seconds, and used water in the water tank, so there was no large amount of water cleaning in the ordinary world.

(2) the direction of the chief I's operations;

(A) After having returned to the headquarters, V and U promoted heavy food to the personnel of the company headquarters at around 13:00, and after having discovered the deceased’s body, I instructed them to manipulate the process of finding the deceased’s body, and revised the situation. On the other hand, I retired part of the deceased’s body and incinerated the deceased’s body.

(B) In addition, I confirmed the number of remaining ball cartridges in M16 small guns of the deceased and ordered them to keep them in line with the prescribed carrying quantity, and separated the windows from the small gun of the deceased at K at the site to put them into a dry s (small sponscick machinery). S confirmed the number of remaining ball cartridges in the spons, and then inserted the spherb in the small spherbs by asking one ball in the surrounding area of the body.

(3) On-site investigation of military police units;

(A) At around 13:00 on the same day, military police investigators started an on-site photo of the deceased, including the head of the headquarters and the staff of the principal headquarters. According to the on-site photo taken by the deceased (hereinafter “on-site photo of this case”), the body of the deceased was shot off in the form of a fence connected with horizontal and vertical length, and the right side of the body of the deceased, the face of which is near the floor of the waste oil in the form of a fence connected with the horizontal and vertical length, and the direction of the face was taken toward the side of the waste oil, and was flicked toward the upper side of the waste oil, and was also 40∑. In addition, the body of the deceased was a dule of approximately 40§¯. Moreover, the body of the deceased was flick back to the body of the deceased, and the direction of the 16 small gun of the deceased was in contact with the head and the right side part of the chest, and the upper part of the chest was in contact with the upper part of the chest.

The soil around the waste oil was a brightness of brightness color, but only a small amount of the body part of the deceased's head, and the surrounding area did not appear, brain structure, and dunes, but was relatively clean.

(B) On the other hand, when two carbons were discovered around the deceased’s body, the military police police officer conducted a precise search in the vicinity of the site to find the remainder of one carbon, but did not search the remainder on the date of the instant accident.

F) The time of recognition of the instant accident by the Grand and Joint Commanders

(1) At least 06:00 on the date of the occurrence of the instant accident, the AI attempted to make a series of calls to report whether there is anything wrong with the book that is always held at all times at around 06:00, and the phone of the headquarters was still infused.

(2) On April 2, 1984, at around 06:00 to 07:00, I reported that "one soldier was killed in a gun" as "one soldier", and that "AZ (Incidental Register), BA (TA), BB (TA), BD (TB (TB), BD (TB) and BE (TE) worked at the large headquarters was known that three major firearms accidents occurred at the latest prior to 08:00.

(3) BF (alternative driver’s disease) prior to carrying out a bed meal, M entered the bF’s main office on board the bF, and went to the 3rd unit, and the bnd unit did not hold a meeting of situation at around 08:00 a.m. on a daily basis due to the absence of the large commander in the bnd unit.

(4) On the other hand, on April 2, 1984, the 1st security guard N was sent to the new wall, and the 1st security guard N was consulted with M on the fact that the accidents occurred in the 3rd of the 3rd of the 3rd of the 1984, and did not first report the situation to the 2G of the 1st of the 1st of the 1st of the 1st of the 2nd of the 1st of the 2nd of the 1st of the 2nd of the 1st of the 2nd of the 2nd of the

(5) On the day of the instant case, BH had worked at the office around 07:00 and had been reported to the effect that he committed suicide by the third mid-term commander, and people belonging to joint and several groups, including BI (joint and several personnel division) and BI (joint and several personnel officers), were aware that the instant accident occurred at the morning.

(f) Other matters

(1) After the occurrence of the instant accident, M sent the AZ to the commander of the unit, and ordered him to monitor the AZ as of March. On April 3, 1984, 1984, i.e., when preparing a written statement, i.e., i., ii from M to the joint headquarters, i.e., she was removed from the military police unit immediately after the occurrence of the instant accident, i.e., she was subject to investigation by the military police unit for about one month, and she was forced to be discharged from the military police unit after being transferred to the Republic of Korea.

(2) Although L was investigated by a military police officer with respect to the instant accident, there was no disciplinary action or disadvantage due to this.

【Ground for Recognition】 12, 13, 15, 17, 18, 21, 27, 29, 34, 37, 39, 44, 50, 52, 53, 57 through 60, 63, 70, 76, 78, 81 through 84, 91, 94, 100, 115, 116, 120, 122, 127, 131, 132, 148, 165 through 170, 173 through 175, 181, 18, 200, 216 through 218, 23, 29, 15-13, 305, 15-14, 305, 1305, 15-15, 130

【Evidence Evidence】 10, 19, 20, 22, 109, 110, 121, 125, 126, 153, 155, 160, 161, 182, 185, 197 through 199, 202, 211, 220 through 224, 227, 231, 234, 236, 237, 242, 251, 252, 256, 260 through 262, and 10-131, 134, 141, and 149 of the evidence of subparagraph 9

2) Determination

A) From the above facts of recognition, the following facts can be confirmed.

(1) In the event of the instant accident, the majority of the sick soldiers who were working in the beginning in the vicinity of the site showed that the two primary features were totaled on the side of the Dae-gu Headquarters.

Although the defendant asserts that there are many persons who have worked in the 14th century, BM (16th beginning), AT (20th beginning), etc. on the date of the occurrence of the case, they made a statement that they had talking that others had a total of 3 weeks, or that they had a total of 3th and 4ths, or that they made an inaccurate statement that they had a total of 53ths or 3th and 4ths (53, 114, 189 of evidence A), while those who stated that they had a total of 2ths above, stated that they had a total of 11,18, 21ths near the headquarters at the time of the occurrence of the case, or that they had a total of 2ths of 2ths of 3ths of 2nds of 2nds of 2nds of 2nds of 14ths of 3rds of 2nds of 2nds of 2nds of 3rds of 2nds of me.

(2) On the date of the instant accident, the executives and soldiers belonging to the fleet and the Joint Chiefs of Staff received a report that the deceased committed suicide on the new wall or the morning (at least 10:00 on the day of the instant accident, and the M of the Dae General and the N of the Security Units of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the N of the M of the N of the N of the N of the N of the N of the N of the M of the N of the N of the N of the N of the N of the N of the N of the N of the N of the M of the K of the K of the K of the K of the K of the K of the K of the K of the

However, M/N appears to be an interested party related to the concealment and manipulation of the instant accident, while M/N appears to be an interested party in the concealment and manipulation of the instant accident, it would rather be natural that M/N’s attitude is that there is no direct interest in the instant case, and there is no reason to believe that BH and v. Byung did not specifically believe the statement, its contents are consistent as a whole, and even if there is any part that does not memory or match the specific matters, the accuracy of their memory cannot be satisfied if considering the fact that the instant accident occurred or that there has already been a long time.

In addition, S stated that it was asked that N was not a hold on the ground that she had a ball cartridges when she was placed adjacent to the deceased's body (No. 10-3), and AP (16-si), stated that she was present before her day of the instant case that she was a major head office before her day shift of weekly work, and she stated that she was in front of the serious head office (No. 9-2 and 120) while she was working in the morning and stated that she was in front of the serious head office (No. 9-2 and 120).

(3) Although there is room to see that the decedent was sleeping of clothes and that the skin is not protruding, it is common sense that, at least, the decedent was suffering from the body of the decedent at least from the body of the decedent, the body of the decedent was found, if the decedent suffered from the body of opening the body of the decedent, the body of the decedent must be scattered around the body of the decedent. However, there was little slickings around the body of the decedent, and there was almost no slicks around the body of the decedent (as seen in the front and rear, the military police investigation record of the deceased military police team stated that the body of the decedent was the site of the case. However, according to the on-site photograph of the deceased, it cannot be confirmed at all skin, brain structure, or slicks around the body of the decedent).

게다가 갑 제9호증의 58, 60, 111, 121, 125의 각 기재에 변론 전체의 취지를 종합해 보면, 의문사위에서 BO(19소초원)은 이 사건 사고 발생일 오전에 중대본부에 들렀다가 내무반 현관 우측 모서리에서 망인의 사체가 쭈그린 자세로 놓여 있고 그 주변에 상당히 많은 양의 피가 흘러 있는 것을 보았다고 진술한 사실, AG(14소초원)은 총성이 들린 후 이 F의 신상명세서를 가지고 오라고 하여 중대본부에 가는 길에 폐유류고에서 땅바닥에 정면으로 누운 채로 총을 안고 있는 망인의 사체를 보았다고 진술한 사실, BP(14소초원)는 총성이 울릴 당시 14소초 관할 초소에서 근무를 서고 있었는데, 폐유류고 부근이 아닌 중대본부 부근에서 총소리가 들렸으며 중대본부 쪽을 바라보니 사람이 쓰러져 있었으며 그 주변에 1~2명의 사람이 있는 것을 목격하였다고 진술한 사실, BQ(연대 보안반장)은 중대본부에서 50~60m 가량 떨어진 곳에 평평한 마사토가 다소 움푹 패여 있는 곳에 사체가 누워 있었던 것 같고 주변에 나무는 없었다고 진술한 사실, 중대본부 요원인 R은 월경표지판 아래에서 얼굴은 하늘을 보고 누워있고 총구가 몸 바깥쪽을 향하고 개머리판이 몸쪽을 향해 있는 망인의 사체를 보았다고 진술한 사실, S는 폐유류고에 가서 사체가 정면을 향해 하늘을 보고 있었고 총은 몸통 위에 놓여있었던 것을 목격하였다고 진술한 사실을 인정할 수 있다.

In addition, according to the statement No. 10-25 of the evidence No. 10-25, the investigator belonging to New York and LAW Angeles Police Bureau in the business trip investigation conducted by the Speaker in the United States of New York and LAW Angeles, may be found as follows: (a) considering that many parts of the body, the body, the body, the body, the body, and the brain structure should be scattered in the form of the body of two parts; (b) considering that the body of the deceased could not be moved to the ground; and (c) considering that the body of the deceased was reported by the inspector and the opinion of suicide was expressed, it is difficult to explain the fact that the body was not buried in the whole Gu.

In light of the statements of serious soldiers who observed the deceased's body in a different place from each other, and the opinions of experts on the site pictures of this case, it is highly probable that any military police officer had moved the deceased's body over several times. Before taking the site pictures of this case, the military police officer could have changed the attitude into the body of the deceased's body, which is a mother of the site pictures of this case.

B) On April 2, 1984, the deceased’s factual basis appears to have been removed from the body of the deceased at a place other than 06:00 on the new wall of April 2, 1984 (at least 06:00, before the deceased) and the body of the deceased was removed from the body of the deceased, and as seen earlier, the body was released at the same time, and the body was not found at 11:0, and the body was found to have been removed from the body of the deceased’s body of the deceased’s body, the total size generated from the new wall was above two parts, and the body of the deceased’s body was no longer 11:0,00, and it is reasonable to view that the body of the deceased’s body was no longer 20,000,000 20,0000 20,0000,0000,000 were no more than the body of the deceased’s body of the deceased’s body of the deceased’s body.

D. Sub-committee

In full view of the above judgment, the deceased, within the new wall on April 2, 1984, suffered one rank from the two parts of the body in a serious headquarters straw, and she seems to have moved the body to the end oil and had the body moved to the end oil at around 11:00, and had the body string the ples of both chests of the deceased at around 11:0.

However, the deceased appears to have carried the gun at that time on the two parts, which occurred from the new wall, and if so, he may consider the possibility that the deceased voluntarily emitted the gun on the new wall.

However, comprehensively taking account of the above facts, the deceased was able to find out the following questions, i.e., the deceased’s body at the time of his/her head, i.e., the deceased’s failure to take a leave of absence on a daily basis, and the deceased’s body was extremely unstable to the extent that he/she could commit suicide, although he/she was unable to perform his/her duties, and the deceased’s mental condition was not found to be difficult. (ii) The deceased’s death appears to have been carried out by the team commander at the time of his/her head’s death or the team commander at the time of his/her death. (iii) The deceased’s death appears to have been carried out within the team commander at the time of his/her head’s death, and it is difficult to accept that the deceased’s suicide was carried out on the spot of his/her head’s body on the day of his/her death, and (iv) the deceased’s death was likely to have been carried out on the team commander at the time of his/her death.

Therefore, the deceased was killed by the military unit to which he belongs, and this constitutes damages caused by the illegal act of a public official as stipulated in Article 2 of the State Compensation Act. Thus, the defendant shall be liable for damages caused by such unlawful act against the deceased.

A. According to these facts in the context of concealment and manipulation by affiliated military units, it is also recognized that the background of the occurrence of the case and the site of the case was concealed and operated by the Minister I and C, and that, at least, the Deceased was directly involved in the process of concealment and manipulation, M and N of the Security Team directly appeared to have been directly involved in the process of concealment and manipulation, while recognizing the fact that the Deceased incurred the first total prize on the new wall.

(b) Concealment or manipulation by a military investigative agency;

1) Facts of recognition

A) According to the recognition report prepared on April 2, 1984, on the date of the instant accident, by the military police officer of the Army GH, the military police officer of the Army: (a) stated that the process of recognition is "the report of an excursion ship by the affiliated Dop BH on April 2, 1984; (b) the military police officer arrived at the site around 16:00 and made a statement that the total amount of about 10:50 persons, such as 16th Puwon AO, etc., reached the site at around 16:00; and (c) two persons were discovered around the body of the deceased. At that time, the military police investigator of the military police station of the Republic of Korea, who led the instant accident, and prepared by BK and BR, are written out that only 20000 stans are around the deceased's body.

B) In addition, the investigation records of the military police corps are written as follows: "No access can be made to the place where the body is discovered after killing in another place because it is not possible to enter the place where the body is discovered after killing in the way other than the way and the parking lot," and the body is scattered in the two sides of the deceased, 30cm to 1m.

C) In the vicinity of the waste oil where the deceased’s body was laid, two shots were found. 18) The military police officer’s commander stated that, in the total sum, 3 parts were found, but the remaining shots were conducted by ordering military police unit investigators to search more than one shots on the day of the instant case, but no shots were found on the day of the instant case. At the time of conducting the autopsy on April 4, 1984, the shots of the military police officer did not find two shots.

However, in the investigation records of the military police corps, it is stated that "it is proved that the thalth of the loaded ammunition was launched within the range of 50 cms on the part of the person committing the suicide, so it is proved that 3 launch has been launched at the same place", and that "a total of 16 M/M on April 2, 1984, 1, 3, 5, 5, and 73 ball cartridges have been seized," and there is no data on the records of the military police for whom the remaining thalth of the thalth of the thalth is discovered.

4) The staff of the company headquarters were summoned as a military police officer, and was investigated into the instant accident over approximately two weeks. The staff of the headquarters were harshly engaged in the instant accident, such as drinking or balwing with the head of the military police, water sponsing, placing the molds, and stringing them in the metal book in the main electronic. At the time, the military police officers had the staff of the headquarters prepare ten copies of the statements to the serious headquarters. Some statements were not bound into the investigation records, but bound two to four times of the investigation records, and the statement was prepared in a way that the investigator first explained the circumstances of the instant case, and transferred them to those to be polled as they were. At the time of completion of the investigation, the military police corps did not make sure that the deceased committed suicide to the material headquarters staff of the company headquarters of the military police branch of the military police branch of the military police branch of the military police branch of the military police branch of the military police branch of the military police branch of the Republic of Korea.

【Reasons for Recognition】 Any description of evidence of subparagraph 9-10, 14, 27, 52, 53, 60, 137, 171, 225, 255, 278, and 10-108, 132, 148, and 152, and the purport of the whole pleadings

【Evidence Evidence】 Each part of the testimony of evidence No. 9-139, 140, 162, 163, 254, 269, and Gap's evidence No. 10-99, 101, witness BK, and R

2) Determination

A) In the instant case, an investigative agency shall faithfully determine whether there is a suspicion of a crime sufficient to initiate an investigation, and in the event that an investigation is initiated with the recognition of a suspicion, it shall comply with the provisions of the Act and subordinate statutes, collect all relevant evidence within a necessary and reasonable scope, and reasonably determine the value of evidence and determine the substantive truth. Such duties of an investigative agency shall be borne by not only the suspect or the accused in the instant case, but also the victim and his/her family members, and in cases where the investigative agency intentionally committed a breach of duties, such as concealment or manipulation of the truth of the instant case, or committed a tort due to infringement of personal legal interests, even in relation to the victim’s family members.

In particular, when a crime or accident occurs in the army, the army is a group in which it is strictly controlled and isolated under the direct control of the state, and it is difficult for the military to prevent the outside person's contact, and to guarantee the victim's participation in the investigation process, and all evidence or witnesses related thereto are not allowed to access the outside person inside the army, and since all people are serving in the army to perform the duty of military imposed on the Constitution, the nation bears the duty of protecting and taking care for the life and body of the soldiers, and even if a soldier's personal injury occurs, the State needs to thoroughly explain the contents and cause of the accident and take appropriate measures therefor, it can be said that the military investigation agency, the first place of the accident in the army, which is the military, has a higher level of duty to investigate the substantive truth through thorough preservation of the scene and strict investigation into the contents and cause of the accident.

However, the determination of whether to commence an investigation or to terminate an investigation is based on a criminal suspicion prior to the commencement of such investigation is an act with reasonable discretion so that the investigation agency can exercise its authority properly in response to all circumstances. Thus, in order for the investigation agency to judge whether to commence an investigation activity and a subsequent investigation to be illegal, it should be deemed that the investigation agency’s exercise of authority to take necessary measures is considerably unreasonable or that it has reached the degree that it is considerably difficult to affirm rationality in light of the purpose and purpose of the relevant laws and regulations, such as the Criminal Procedure Act that granted the authority to the investigation agency in accordance with specific circumstances, or that the investigation agency’s exercise of authority to take necessary measures to determine whether to commence an investigation is illegal (see, e.g., Supreme Court Decision 2004Da14932, Dec. 7, 2006).

B) In the instant case, we examine whether the military investigative agency intentionally concealed or fabricated the case or did not take necessary measures significantly unreasonably in exercising the investigative authority, and whether it has reached the extent that it is impossible to understand in light of the empirical rule in the process and conclusion of the investigation.

In full view of the facts acknowledged earlier, prior to recognizing the instant accident and arriving at the site of the instant case, the military police officer already instructed Ma, N to manipulate the situation logs with the consent of Ma and N, or to make a false statement of the time and process of discovery of the body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body'

However, according to the above evidence and facts, the following circumstances are recognized.

① Military police officer investigators conducted an investigation under the circumstances of concealment and manipulation in which all the staff members of the Central Headquarters, including I, including Grade I, were confined to not less than two weeks, and discovered such circumstances in the process. It seems that the aforementioned process was sufficiently aware of the process of concealment and instruction as well as the motive thereof.

② In the investigation records, the first time stated that there was two shots, stating that there was a difference between the two shots, but there was no clear explanation as to how the remaining one shots from among the military police investigators BK, BR, BV, and the private soldiers belonging to the military police corps at the time of the instant case was discovered, and no record exists in 19). There is no evidence proving that there was three shots even though there were many shots, the investigation of the two shots was conducted.

③ In light of the fact that the body of the deceased, which was kept in the same body as the site photograph of this case, was unfatch without memory, the body of the deceased was long away from the body body, and the body of the deceased, who was in the same body as the body photograph of this case, and the body of the body of the deceased was in the body of the body of the body of the body of the deceased, and the body of the deceased 16 small guns were in the body of the body of the body of the deceased (Article 9-2, 203, and BT stated that the body of the military police officer was mixed with water at the left of the body of the body of the deceased at the time when the military police officer was aware of the truth of the case, it is highly probable that the military police officer had known that the body of the deceased was in the end of the body of the deceased before shooting the firearms on the body of the deceased at the time, and changed the location of the body to the body of the deceased.

(iv)No investigation has been conducted, even though it is reasonable to keep the body in mind of the possibility of being transferred in accordance with the rule of experience if there is no avoidance or frame at a place where the body is placed.

⑤ During the investigation process, military police investigators conducted harsh acts against the personnel of the headquarters, forced them to make statements as required, and forced them not to present any fact out of the investigation process.

(6) On the day of the instant accident, around 8:00 square meters, BH reported to the president of the association the fact of the deceased’s accident (the witness BH’s testimony). Therefore, it is reasonable to deem that the military police unit of an association was aware of such fact even in the military police unit of the military forces due to the characteristics of the military team. Nevertheless, in conflict with such recognition, the military police unit announced that the deceased launched three guns and announced that the deceased

In full view of these circumstances, a military police officer started an investigation to identify the truth of the case at the beginning, but tried to conceal the truth of the accident at the beginning from a moment to a certain point of time with the knowledge of the truth of the accident at the beginning, and ultimately, judged that a private person of the deceased was treated as suicide.20)

C. As to the concealment and Operation of Special Coordination Group's Cases

Furthermore, the plaintiffs asserts that since the special group confirmed the fact that the firearms number of the deceased was modified, it was neglected or concealed, and that the witness who stated the circumstances of the homicide reversed his statement by concentrating the witness's statement by force, and then concealed and fabricated the case due to suicide, this act also constitutes a tort.

However, in light of the following circumstances: (a) several witnesses, who made a statement in accordance with the circumstances of Q and other forms of murder, reversed the existing statement in the special group investigation and did not receive the special group investigation once again; (b) in the debate of the legal professionals organized by the special group, many legal scholars expressed their opinions of suicide (Evidence (Evidence (Evidence (No. 3); and (c) the reaction of truth was not discovered as a result of the false group investigation into L and company headquarters personnel (Evidence No. 10-65); and (d) there was no evidence found to have superior value to the existing evidence in the course of the investigation (Evidence No. 10-65), such special group’s investigation process and result announcement may be deemed to have expanded and assessed the evidence favorable to the military at a strong will to recover military reputation; however, it is difficult to deem that the operation that constitutes a separate tort and the abolition of evidence is an act.

D. Sub-determination

As seen earlier, even if the military police officer, etc. first received a report on a suicide accident, if he later became aware of the truth of the accident of this case, he/she did not have a duty to report the exact fact to the upper part, but failed to actively conceal and manipulate the case. A military police officer in charge of investigating the accident of this case violated his/her duty as an investigative agency, such as concealing and manipulating the truth of the case even though he/she became aware of the truth of the case in the course of investigation, and it is determined that the degree was considerably unreasonable or that it was difficult to affirm rationality in light of the empirical or logical rules.

Therefore, even in relation to the victim's family members, the act of these military investigation agencies and their auxiliary members constitutes a tort due to the infringement of personal legal interests. Therefore, the defendant is liable for compensation.

5. Judgment on the defendant's assertion of extinctive prescription

A. The defendant's assertion

The defendant asserts that since the date when the plaintiffs' tort occurred on April 2, 1984, five years have already passed since the date when the damages claim occurred, and the time when the plaintiffs became aware of the damages and the identity of the perpetrator caused by the defendant's tort is around September 10, 2002, which was concluded on September 10, 2002 by the deceased's death at the Speaker's death, and that the lawsuit of this case was filed on April 16, 2007 with the limit of three years from that point, and therefore, the plaintiffs' damages claim as to this case was extinguished by prescription.

B. Determination

1) The claim for damages against the State arising from tort should be terminated by prescription after three years from the date the victim became aware of the damage and the perpetrator, or five years from the date the victim committed the tort. The lawsuit of this case seeking damages against the defendant for tort is apparent in the record that the lawsuit of this case was filed on April 16, 2007, much more than five years since April 2, 1984, when the deceased died, and barring any special circumstance, the plaintiffs' claim for damages against the defendant was extinguished by prescription.

2) As to this, the plaintiffs committed an illegal act using the state power in this case, and therefore, it is argued that the defendant who is a party to this case's claim for the completion of extinctive prescription against the plaintiffs' claim for damages of this case cannot be allowed since it is against the good faith principle or constitutes abuse of rights.

The exercise of a debtor's right of defense based on the statute of limitations is governed by the principle of good faith and the prohibition of abuse of rights, which are the major principles of our Civil Act. Thus, in special circumstances, such as where the debtor has made it impossible or considerably difficult for the creditor to exercise his right or the interruption of prescription before the expiration of the statute of limitations, or acted to make such measures unnecessary, or the creditor has objectively obstructed the creditor from exercising his right, or where the debtor has made the right holder trust it, or where the debtor has shown the same attitude that the debtor would not invoke the statute of limitations after the expiration of the statute of limitations, or where other creditors under the same conditions receive the repayment of the debt, etc., it is considerably unreasonable or unfair to allow the debtor to claim the completion of the statute of limitations as an abuse of rights against the principle of good faith (see, e.g., Supreme Court Decision 2004Da33469, May 29, 2008).

In full view of the evidence mentioned above, Gap evidence and evidence Nos. 6 through 8, Gap evidence No. 10-177, and 178's overall purport of the arguments, after the occurrence of the accident in this case, the G Group military police officers announced the investigation result that the deceased's private person was suicide, but the plaintiff Gap requested a complete re-investigation by raising questions about the deceased's private person. At that time, during ten years from that time, the military police officers of the Army Group, the second group, the first group, the first group, the military police officers of the Army Headquarters, the Army Headquarters, the first group, and the Chief of the Army Headquarters were re-examine the accident in this case several times, and the plaintiff Gap received the appeal of the accident in this case from a different point of view from the military investigation agencies and the second group of the units of the military investigation agencies, and it was clearly revealed that the investigation was conducted within the 20th unit of the case before that time.

From August 26, 2002, the Investigation Team organized the Investigation Team and started a reinspection. The Investigation of the Special Investigation Team continues to be conducted after the first Investigation Results were announced, and the results were announced again as suicide on November 28, 2002. The Special Investigation Group reversed the statement made by Qua that the deceased died together with P in the questioning Team. The statements by other major witnesses were not true, and the truth response was made as a result of the Investigation of the False Horse Detection against the serious headquarters personnel. After that, the main witnesses did not conduct a further investigation while avoiding the Investigation. The Investigation of the Special Investigation Group was conducted from the end of 2002 to the 2004, and it was determined by the Board of Audit and Inspection for 204 to conduct an actual audit on the truth, and the results of the Investigation on the deceased's additional findings were 10 days after the Re-Investigation on the deceased's existing 4th of the incident.

According to the above facts, the plaintiffs requested the defendant to clarify the truth of the case over several times for ten years from the date the result of the final investigation of the question-finding after the occurrence of the accident of this case was announced. However, although the first military police team investigation was announced in 2002, the results of the investigation of the question-finding that was conducted for the first time, but at the same time, a number of questions were raised about the investigation of the question-finding that was conducted for the first time by the special investigation team, and the fact that the fact of this case was conducted separately by raising questions about the contents of the question-finding that was conducted for the first time, and the fact that social controversy was raised after the truth of this case was raised in 204, which led to the announcement of the conclusion of the question-finding will be examined again.

In full view of this, the plaintiffs appeared to have difficulty in understanding the truth of the accident of this case due to the formal investigation conducted by military investigative agencies under the defendant's control until the result of the first question investigation was announced. Even if the plaintiffs could understand the truth of this case after the result of the first question investigation conducted by the first question investigator, the special investigation group under the defendant's control should completely deny it during the process of the first question investigator's investigation conducted and then again announce the deceased's private life as suicide. The plaintiffs, such as the second question investigator's special investigation group and the first question investigator's private life again through a reinvestigation of the first question investigator's investigation conducted by the defendant's action, were unable or considerably difficult to exercise their right to claim damages of this case from the date of the second question investigator's announcement to June 28, 2004, which was the date of the second question investigator's announcement, until the expiration of the extinctive prescription period, in light of the purport and the fact that the plaintiffs' right to claim damages of this case could not be protected for a certain period of time.

Therefore, the fact that the lawsuit of this case was filed on April 16, 2007 before five years elapsed from June 28, 2007, which was 204, which was 5 years passed since the de facto disability occurred after the plaintiffs' exercise of rights. Thus, the defendant's assertion on the extinctive prescription is rejected. 21) 6. 6.

(a) Amount recognized;

Furthermore, with respect to the scope of the amount of compensation to be paid by the Defendant, the following circumstances are acknowledged as follows: ① the Deceased was drafted and performed military service regardless of his will in order to perform the duty of national defense imposed by the Constitution of the age of 22, and the State has the duty to pay sufficient consideration to the Deceased so that he can return to the society in a healthy condition; ② the unit of the Deceased’s death caused the death by another person; ② the unit of the Deceased’s death, as if the Deceased was committed, was launched in order to remove two additionally and move the dead’s body; ③ the Plaintiffs, as their family members, were waiting for a regular leave of 00 for the first time after the Deceased’s death; ③ the Plaintiffs were informed of the deceased’s suicide directly by the deceased; ④ the Plaintiffs were made efforts by the investigation agency to discover the deceased’s death in a 0-year manner, and the Plaintiffs were able to find out the death of the deceased’s body within the reasonable time limit of 00, and were able to know that the Plaintiff’s death was caused by the death of each of the deceased.

Plaintiff A and B inherits the deceased’s consolation money of KRW 500,000,00 in their respective shares of 1/2. Accordingly, the damages against the Plaintiffs are KRW 400,000,000 (= inheritance amount of KRW 250,000,000 + consolation money of KRW 150,000,000), Plaintiff C, D, and E respectively. Accordingly, the Defendant is obligated to pay damages for delay from April 23, 2007 to Plaintiff C, D, and E each of the above amounts of KRW 40,00,000,000, KRW 40,000,000, KRW 400,000, KRW 400,000, and KRW 400,000 to each of the above amounts to Plaintiff C, D, and E by the day following the day of the delivery of a copy of the complaint of this case to February 3, 2010.

7. Conclusion

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

The presiding judge Kim Gung-jin

Judges Kim Gin-young

Judges Park Jong-ho

1) Evidence A-7, 80, 107, 149, 150, 159, 164, 191, 195, 208, 209, 214, 215, 248, 10-16, 62, 69, 80, 86

2) Evidence A 16, 101, 157, 190, 213, 249, and Evidence A 10 69,16

3) Evidence A 10, 19, 20, 109, 110, 121, 125, 126, 153, 155, 182, 185, 197, 198, 199, 202, 211, 220, 221, 222, 224, 227,

231, 234, 237, 242,256

4) his sound.

5) Insurging skins;

6) However, on April 4, 1984, a autopsy was conducted on the deceased’s body on the date of the occurrence of the instant accident, and the left side at the time of the autopsy.

There was a red color similar to that of the right side of the chest and fluor.

(7) that the deceased was in total when he was living.

8) As to this point, the majority of the legal scholars expressed their opinions, but Y professors passed the right plebing with the upper part of the upper part of the Y, which led to two.

I express my opinion that it constitutes a scambling, such as the vice president (No. 10 No. 47).

9) The AD, Z, and AC professor who participated in the debate of the legal medical person is also aware of their opinions on the same premise.

10) AA professor shall have a color clearly different in the photo taken at the time of initial investigation from both chests and colored in the photo taken at the time of initial investigation. The colored color is almost the same in the photo taken by the autopsy.

Considering the fact that there are almost similar differences in the size of two upper parts if the launch distance is different, the chest total shall be a certain period of time.

Although the opinion that the difference should be seen as having occurred, as above, powders are attached to the left right side of the ship and left side of the ship.

In light of the fact that the main body around the world is more broad, it is difficult to accept the judgment.

11) The Defendant asserts that this body is a support trace, but such circumstance alone makes it necessary for the Deceased to support the gun while launching the gun.

It is difficult to readily conclude that it had been doing so.

12) If the deceased does not know in depth in the future, the exit of the deceased is bound to be formed above the exit of the deceased, and the topography where the deceased was in progress at the time is included.

It is more so in light of the fact that approximately 40∑ 40∑ alone was involved.

13) 255 (Statement at the Domnasium of Y), A’s 9-255 (Statement at the Domnasium of the autopsy) and Party A’s 9-264 (Opinion X of the Overseas Law Medical Doctor X)

u) At No. 3 (the statement portion of AA by a medical person in domestic law among legal public discussions) the same point is also pointed out.

14) Recordings of foreign medical practitioners Y

15) Of the above evidence, the part of the statement of X- medical person X

16) Otherwise, while the storage of blood mixed with vegetable transfusion at the time of the autopsy of the deceased was confirmed (Evidence A No. 9-265 W of the autopsy 1984.

5.3.3.The parts on the appraisal of the deceased’s body) This portion is the gravity of the deceased’s blood in the process of responding to the blood in the blood register after the deceased’s death.

this paper explains that it flows into and out of the breast river.

17) A Q Q, who had been working in the early 16th place, appears to be visual from the first place of literature to the first place of literature upon receiving a report of total listening from the first place of literature.

10:52 was stated that it was entered in the situation log (Evidence A No. 9-19, 115).

18) However, BT, a private soldier belonging to the suspender, was found in the lower part of the body of the doctor, not inside the body of the waste oil being left, but in the lower part of the body of the doctor.

BU, the inspection team leader, and the driver and staff of the G company, stated that there was two carbons at a place less than 1m away from the body of the G company.

F. (Evidence A No. 9 201, 203)

19) Some statements are made to the effect that a part of the body was found to have discovered carbon under the surrounding Madroto, but this is as seen above.

It should be considered that the master is highly likely to be loaded in ball cartridges.

20) However, even when the military police's appraisal of firearms is conducted, the plaintiffs have concealed and operated the process, such as arbitrarily modifying the total numbers of the deceased and persons related thereto, etc.

It is argued that Gap's evidence No. 10-40 was stated, and according to Gap's evidence No. 10-40, the appraisal of firearms and ammunition discovered at the site of April 4, 1984 was conducted at the Army.

On April 9, 1984, the Scientific Investigative Research Institute requested an additional appraisal of seven firearms held by related persons, such as personnel of the Central Headquarters, and

With respect to the certificate of delivery of evidence for expert evidence prepared by a military police investigator, the date of acquisition of evidence is indicated as around 13:00 on April 2, 1984 by the military police investigator, and the total amount of the deceased.

There is a change to the number, and even in the official text on the evaluation of related firearms, T's name, total number (BX), and V's total number (BY) shall be changed to the number.

Although there is a fact, whether this is merely a clerical error or a military police officer actively handles it.

There is no evidence to acknowledge this.

21) Even if the plaintiffs' family affairs become aware of the perpetrator through the result of the second question inquiry, the lawsuit in this case was filed before three years have elapsed from that time.

As such, there is no difference in the conclusion.