Plaintiff (Attorney Lee Yong-young, Counsel for the plaintiff-appellant)

Head of the North Korean Veterans Organization;

April 15, 2016

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On December 7, 2015, the decision that the Defendant rendered distinguished services to the State and the Plaintiff’s non-conformity with the disposition is revoked.

1. Details of the disposition;

A. On June 9, 2014, the deceased Nonparty (hereinafter referred to as “the deceased”) committed suicide on the train at around 11:25, May 27, 2015, which was the date of returning to the military unit during the harsh weather training leave on May 24, 2015.

B. On September 8, 2015, the Plaintiff, as the mother of the deceased, filed an application for registration of bereaved family members to the Defendant, but the Defendant, following deliberation and resolution by the Board of Patriots and Veterans Entitlement, issued a disposition against the Plaintiff on December 7, 2015 on the ground that “the death of the deceased is not recognized as having been caused by the death of the deceased in the course of performing military duties or education and training, or by verbal abuse or harsh treatment related to military duties or education and training,” which does not constitute the requirements for persons who have rendered distinguished services to the State and persons eligible

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Since the deceased's suicide caused excessive physical and mental pain due to the continuous cadastral and physical care of maintenance officers and appointed soldiers while serving in the military, and the neglect of the commander's supervision and supervision, etc., the deceased's death has a proximate causal relation with military duties or education and training.

(b) Fact of recognition;

(1) As a resistant and passive character, the Deceased had received mental therapy three times a month between his/her ability to adapt to group life and his/her tendency to evade his/her human challenge at middle school in the second year of middle school. At the third year of high school, he/she was able to find out that his/her parents and his/her parents failed to take specific plans and actions but did not move.

(2) Medical opinions stated in the Army Headquarters Review List are presumed to have been presumed to have continuously low self-esteem, appraisal, and self-determination difficulties from middle school to the point of time, difficulties in social inequality and personal relations, chronic depression, sporadic suicide accidents, and remote suicide accidents with others, and to have been in an isolated life with less emotional exchanges with others. Due to these mental vulnerabilitys, it is presumed that there was an indive and mental stress in the military life, and that the suicide was attempted to occur due to the increase of the depression and this is presumed to have occurred. While there were abnormal opinions in the past and new personality tests of the deceased, the suicide of the deceased did not take proper measures. Accordingly, it is determined that the suicide of the deceased was caused by the combination of mental stress caused by his or her personal vulnerability and military life, and inappropriate countermeasures in his or her workplace.

(3) The results of the deceased’s examination, such as service unity in the military forces, are as follows.

① On June 11, 2014, immediately after entry into the Army Training Center, a prosecutor conducted on June 11, 2014 (hereinafter “In the Army Training Center”) was determined as “detailed diagnosis”, “risk of accident prediction”, and “sal and mental disorders” in the item column of accident prediction as “sal and mental disorders,” but, on the other hand, in the Army Training Center’s military life adaptation test conducted on the Army Training Center as of the following: (a) the Army Training Center’s military unit transferred to the military unit under its control: (b) the Army Training Center’s military life adaptation test was determined as “sal and mental disorders; (c) there is no special difficulty in the adjustment of the present military life; and (d) the military unit transferred to the military unit under its control.”

② The adaptation test conducted by the affiliated military unit on September 5, 2014 was determined as follows: “suicide”, “a mental disorder is predicted, and an interview is necessary for personal relations issues,” and the adaptation test was managed as class B care soldiers, based on the opinion that “it is highly likely that the previous military life might be overcome through active interest or assistance.”

③ In the Army Personal Safety Index diagnosis conducted on January 12, 2015, “personal safety indices are safety risks, and personal risk factors groups are personal factors.” On January 22, 2015, the type of inspection conducted for the pre-paid who uses the same living hall was determined as “the number of persons dismissed relatively many people in the group”.

④ The aptitude adaptation conducted by the affiliated military unit on May 1, 2015 was determined to require an interview on the “suic life”, “military escape,” “absing away,” “abstinence,” “abstinence,” “abstinence, school life problems, personality conflicts, family relations conflicts, and personal relations.”

(4) Before the deceased’s death, the remaining remains in the calendar of the deceased “one year is too difficult to live in the military. b) one of the following actions, she was able to attend, answer, answer, during that period, she was fluencing, ging up, and up to this time. They did not know that they were influence. They were fluorous. They were fluoring on the first half of the first. The fine for negligence was fluorous. The first half of the first half of the first. The senior executives and the above appointments were fluoring. It would be no longer possible to do so. Also, even if the maintenance officer did not refuse to do so, it would be detrimental to other maintenance officers, and it would not be said that it would be a crime that would be a family member regardless of any damage, if you do not do so.”

(5) The Deceased was charged several times on the ground that he had various equipment, training instructions, and dangerous areas from his superior officers, but there was no evidence that he was cruel from his senior officers or senior soldiers.

(6) On May 1, 2015, the result of the inspection of the adaptation to aptitude revealed that it was necessary to provide immediate support and assistance, but the unit was subject to disciplinary action, such as counselling officers and mental health specialists, and training and warning, on the ground that the deceased refused an interview with a counselor specializing in military life because he/she was a psychiatrist at the time of a middle school, and that he/she did not take measures for counseling officers and mental health specialists, and that he/she did not manage his/her family members in connection with his/her family members, and was subject to disciplinary action, such as probation, reprimand, warning, etc.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 10, 11, 18-2, 3, and Eul evidence 1, the purport of the whole pleadings

C. Determination

(1) In a case where a soldier died due to a suicide while in the military service, whether a soldier falls under the category of a person who died on duty or a person eligible for veteran’s compensation under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State or a person eligible for veteran’s compensation should be determined based on whether there exists a proximate causal relationship between education, training, or duty performance and death. Furthermore, whether a proximate causal relationship exists between a soldier’s death during military service and his/her duty should be determined by taking into account the age, character, and position of the person who committed a suicide, the degree and duration of his/her tension or pressure caused by stress on his/her duty, the degree and duration of the suicide, the physical and mental situation surrounding the person who committed a suicide, the surrounding circumstances surrounding the person who committed a suicide, the outbreak of depression and the timing of his/her act, and other circumstances leading to a suicide, the existence of existing mental illness and his/her family history, etc.

(2) Even though it is found that the deceased was bound several times due to various equipment, training instructions, and dangerous areas on the ground that he was in a dangerous area, and the fact that he seems to have suffered stress on the part of his superior and that he was in need of prompt support and assistance from the result of the inspection of the adaptation to aptitude, it is found that he did not hold an interview with a professional counselor at the affiliated unit, and that he did not have a management in connection with his family, but it is recognized that this fact and the evidence submitted by the plaintiff are not sufficient to deem that the deceased committed suicide under the condition that he was completely excluded from free will due to depression that caused the death of the deceased due to military service or aggravation of her natural progress. In light of the following circumstances, there is no other evidence to acknowledge this, and rather, it is deemed that the suicide of the deceased was conducted mainly based on his free will due to the personal situation and mental distress of the deceased. Thus, the disposition in this case is legitimate.

(1) It is difficult to view that the content and degree of a quality book made by his superior is to cause the deceased to renounce his/her life due to his/her adaptation disorder or his/her mental retardation.

(2) It appears that there was no sabry or assault and cruel act against the Deceased within the military unit.

(3) It is confirmed that he/she had received medical treatment related to his/her mind before entering the hospital and had experienced suicide impulses.

④ No objective circumstance may be verified to deem that the deceased was suffering from physical or mental stress environments to the extent that he/she was remarkably unable to perform his/her duties, with a special excessive work compared to others, and there is no evidence to verify that there was an outbreak of mental illness, such as depression, etc., due to military life.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-soo