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(영문) 서울고등법원 2015.09.03 2015나10853
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. After entering the Army on April 22, 1980, the Plaintiff was placed at the 21st Spos Team Cpos team from July 1, 1980 to July 11, 1980. The Plaintiff was frequently placed from an appointed soldier on the ground that the action was taken, and, in particular, was sexually committed on the head and neck of the 1981 and started to show abnormal behavior from March 1 of the same year since 1981.

5. 10. An association’s diagnosis at the stage of lighting was sent back to the 12th of the 12th of the same month.

B. On May 26, 1981, the Plaintiff was sent to the Madna Hospital, and was diagnosed as “mental franchisium, (Lior), (Lior), (Lior), and (Lior’s (Lior) nautical nautical miles,” and the same year.

6. 18. The same year, even though they were transferred to an integrated hospital for the Armed Forces and received medical treatment, the symptoms of which do not change;

9. While discharged from the military service on July 1, 198, there was no other normal life, such as receiving medical treatment from the Busan University Hospital and the Dental Care Center. Since July 1989, the E Hospital was hospitalized in the hospital’s mental department.

C. On October 19, 2010, the Plaintiff was declared incompetent in the Family Branch of Busan District Court (2010 Madan1650) and his type B was appointed as a guardian.

In March 7, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State, claiming that the injury was caused by assault and cruel acts during military service in 2011, but was subject to the disposition of refusal on March 7, 2012, the Plaintiff filed an administrative litigation with the Busan District Court (2012Guhap2499) and won all the case. The head of the Busan Local Veterans Administration appealed to the Busan High Court (2013Nu2945). Upon the recommendation of the appellate court, the Plaintiff revoked the previous refusal disposition and registered the Plaintiff as a person who has rendered distinguished services to the State on October 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1, the purport of the whole pleadings

2. Article 29(2) of the Constitution of the Republic of Korea and the proviso of Article 2(1) of the State Compensation Act based thereon are applicable.

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