Plaintiff (Attorney Park Young-young, Counsel for the plaintiff-appellant)

Head of Daegu Regional Veterans Administration

October 15, 2010

Daegu District Court Decision 2010Gudan851 Decided June 11, 2010

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition that the defendant rendered against the plaintiff on April 22, 2009 as non-qualified to the person who rendered distinguished services to the State.

1. Grounds for disposition (citement of judgment of the court of first instance);

As to the background of the instant disposition, the lower court’s judgment is identical to the entry of the first instance court’s judgment, in addition to the fact that the first line of the first instance court’s judgment “the Military Literature Examination Committee” as “the Military Literature Examination Committee,” and thus, cited it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(1) The Deceased’s continuous verbal violence, cruel acts, including the beta, and the disregarding of the soldiers and the group bullying of their unit members, lost their own sense, and led to unstable and getting worse and getting worse. Such psychological conditions led to repeated malicious cycle where the situation becomes worse, without having to look at the horses of the appointed soldiers in the course of performing their duties or internal affairs.

(2) While the Deceased was suffering from serious psychological pain, he/she was compelled to take part in the appointment of a soldier on behalf of a soldier on his/her part, and was found to have been exposed, and was found to be sick, he/she was able to take a bath to the test supervisor. The suspected fact was reported to the commander, and the special education of the commander was thoroughly reported to him/her. As a result, the Deceased’s psychological pressure based on the scopical pressure, a sense of self-harm, a sense of fear, fear, and fear, etc., leading to the psychological pressure corresponding to the mental illness, and eventually resulting in suicide.

(3) Therefore, in light of the above circumstances, the deceased’s suicide was committed in a psychological situation in which his control was lost, and cannot be deemed self-injury based on free will. Thus, the instant disposition that was otherwise reported should be revoked as unlawful.

B. Relevant statutes

It is as shown in the attached Form.

C. Facts of recognition

(1) The deceased’s military life and death background

(A) On November 24, 1978, the deceased temporarily closed the department of ○○ University’s mechanical department and year 1. On May 4, 1998, the deceased entered the 5-day basic military training group of the Air Force basic military training group of the Air Force on May 4, 1998, but was under practical military training for 5-day basic military training at the 3 subjects of the evaluation results on June 2 of the same year on the wind ( Taekwondo, defense electric, and water tanks) after being paid in paid on June 2 of the same year, and transferred the 5-day additional basic military training and special military training for 5-day additional military training and special military training for △△△, △△, △△, and on August 15 of the same year, the military unit maintenance unit of the Air Force was transferred to △△, △△, the military unit maintenance unit of the Air Force.

(B) The Deceased, who was a resistant and passive nature, had been paid in the basic military training and had been able to feel a sense of heat, and was subject to bullying and bullying on the ground that he was unable to perform duties after being transferred to the affiliated military unit, and was able to be able to be able to be appointed soldiers, and was unable to adapt properly to military life, such as it was hard to be well fluent with the remaining soldiers.

(C) On the other hand, the head of the △△△ Police Team, to which the deceased belongs, frequently carried out the so-called “military discipline,” where the former members of the △△△ Team had the head of the combat forces and receive high strength training, such as a general test and oral test.

(D) From April 19, 199 to the inspection office of the Air Force Headquarters in preparation for the inspection of the direction of the △△△△△ Police Team, the inspector conducted the examination for the military science evaluation against all soldiers belonging to the station plaza. On April 23, 1999, the captain of the deceased was unable to participate in the examination for the military science evaluation conducted on the same day due to a meeting concerning additional placement by KF-16 on April 23, 199, the captain of the deceased instructed the relevant officer to conduct the examination on his behalf. On the other hand, the captain of the bottle and the non-party 2 and the non-party 3 of the non-party 3, who were organized in the night service of the aircraft emergency (ALT), directed the relevant officer to display their applicants for the above examination on behalf of the non-party 2 on behalf of the captain of the sick.

(E) While the Deceased submitted a test to the base plaza from 19:30 to 20:25, the Deceased, along with other applicants, submitted the test site at around 20:25. During the process of verifying the number of the Gun as indicated in the test site, Nonparty 4, among the test supervisors, called “Nonindicted 2,” who are in charge of investigating the name, called “Nonindicted 5” in the combat clothes name tag, and the entrance certificate was found to be “Nonindicted 6,” and the application for the proxy test was not under the investigation of Nonparty 4, who discovered that the name was “Nonindicted 5,” and Nonparty 4 was not under the investigation of Nonparty 4, who confirmed the unit belonging to the Deceased, sent the name tag and the entry card to Nonparty 5, who was kneeled in front of the base Party, and asked Nonparty 2, who was not under the direction of Nonparty 1, who was under the direction of Nonparty 2, who was under the direction of Nonparty 3, who was under the direction of Nonparty 1, who was under the direction of the deceased.

(F) At around 22:40, the deceased returned to the workplace, and was in the reading room for the night without having been affected by the military unit, and appeared uneasy and early, such as gathering a serious atmosphere over three times for the remaining soldiers working at the reading room. On April 24, 200 of the following day, the deceased was present at the inspection room at around 10:00 of the same year and was investigated. At first, Nonparty 4 ordered the deceased to have the preparation for a daily-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-related-day-related-day-related-related-related-related-related-related-related-related-related-related-related-related-related-related

(g) At around 10:30 on the same day, the Deceased returned to the inspection room and 10:55 on the same day. At around 13:25 on the same day, at around 13:25, the Deceased was found by Nonparty 9, who was a part of the Eargue Eargae, to be in the 3rd door gate gate of the military airbriser, and was found to be in a hidden state, the deceased was found to be in the 3rd door gate gate of the military airbriser, and he appears to have been placed on the wall of the above toilet assembly space on his own pen immediately before the death of the deceased. There was a statement stating that “I would no longer refuse to give harm to South Korea, her mother would not be able to adapt to the military life.”

(h) In order to conduct a autopsy on the deceased’s body, the military investigation agency notified the deceased’s surviving families, such as the Plaintiff, etc. of the date, time, venue, etc., but conducted autopsy at the autopsy room in the National Armed Forces Center between May 14, 1999 and 16:30. As a result of the autopsy, both sides of the deceased’s body and the back head are rhymhymhymhyms, and the head is rhymhyms by taking into account the body of the deceased’s body. This is considered to be a doctor’s intention in light of the quantity of trace, and thus, it appears from the body body of the deceased, etc. that the deceased’s surviving families, such as the Plaintiff, etc., expressed their intention not to participate in the autopsy, and that the deceased’s surviving families, etc., such as the Plaintiff, etc., were found to have been aware of blood marral malkymosis and blood malkymymyms, etc.

(2) The decision of the committee for identifying military literature and photographs

(A) On April 18, 2006, the Plaintiff submitted to the Military Literature Finding Committee (hereinafter “Committee”) a written petition requesting the deceased to verify the truth of the deceased’s death, and the Committee decided to initiate an investigation on July 19, 2006.

(B) On December 8, 2008, the commission conducted an investigation into the service environment of the unit at the time when the deceased served together with Nonparty 10, 11, 12, 13, 14, 15, 16, 17, 18, 18, 19, 6, 20, and 21, which is the members of the unit, and conducted a request for review on the deceased’s death classification by the Minister of National Defense on December 8, 2008.

(3) Psychological opinions

According to the clinical psychological opinion prepared by Nonparty 22 of the clinical clinical medical research institute for the deceased’s psychological condition at the request of the Committee, it is determined that “the deceased would have led to a chilling, in the absence of any ex post facto treatment which was inaccurate after the occurrence of a serious and net nature of the deceased and the prejudice that is inconsistent due to criticism and disregarding criticism of the society, and any instruction or instruction based thereon, and that there was no such an incorrect change in the situation where the deceased continued to appear, the expanded interpretation of the chilling, tensioning, and the rapid change in the state of public interest would have led the deceased to a chilling, influor and decentralization.” In this context, it is stated that “The deceased would have been accompanied by extreme self-divating with the deceased, and at least there was no inevitable choice that the deceased would have been suicide.”

[Based on the recognition] The evidence No. 1-1-83, Gap evidence No. 2-2, and the purport of the whole pleadings

D. Determination

(1) “Death due to self-injury” as stipulated in Article 4(6)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to death based on free will. The literal interpretation of the same shall be construed as “the person who has rendered distinguished service to the State and his/her bereaved family members.” In order to promote their livelihood stability and welfare by giving honorable treatment to those who have contributed or sacrificed to the State, thereby contributing to the promotion of patriotism, various compensation systems, including pension, shall be established as substantial compensation in response to the degree of their contribution and sacrifice. In light of the legislative purport of the Act, which strictly lists persons who have rendered distinguished service to the State in accordance with such purpose, basic ideology, and compensation system, and stipulates that the death due to self-injury is not the person who has rendered distinguished service to the State. In light of the foregoing, the determination of the age, position and position of persons who have contributed to the State or their bereaved family members, and whether suicide was based on free will, 200 years or more, 206 times or more of suicide and injury or injury.

(2) Comprehensively taking account of the above facts and the purport of oral argument, (i) the military gear of the deceased was relatively strict compared to other units; (ii) the appointed soldiers were unable to properly adapt to the deceased’s military life due to their inner and passive nature; (iii) they were frequently responsible for the deceased through frequent gathering, etc. on the ground that the deceased’s work is not well-grounded; (iv) there was no motive for entering the deceased; and (v) there was no serious stress or stress on the deceased’s life at the time of their initial death; and (v) it appears that it was difficult to view the deceased’s mental distress or stress on the part of the deceased, which would have been likely to have been seriously infringed and diminished. However, it is difficult to view that the number of the deceased’s emotional distress or stress on the deceased’s occupational condition, which could not have been exposed to a serious stress on the deceased’s occupational condition, and thus, it is difficult to view that the deceased’s emotional distress or stress was likely to have been exposed to the deceased.

Furthermore, the deceased’s substitute test was dismissed and submitted a reflective statement to the family unit, along with re-education that is suitable for the situation of the unit to which he belongs, and as a result, the deceased prepared and committed suicide after the deceased’s disposal was completed, and the deceased’s age and character, the surrounding circumstances where the deceased was frighted to the deceased, cruel acts, etc., the timing and the closeness of the suicide act, and the mental state and psychological condition of the deceased who could be taken away from the scene of the suicide. In full view of all the circumstances such as the deceased’s age and character, the time and the place of suicide, and the mental condition and psychological condition of the deceased, etc., there is a high room to view that the deceased’s own choice of suicide is not caused by the suicide under the state of lack of mental stress and free will, but rather by the means of real

(3) Therefore, since the deceased’s death constitutes “self-injury death,” the Defendant’s disposition to the effect that the deceased does not constitute a person who died on duty, but does not constitute a bereaved family member of a person who rendered distinguished services to the State, is lawful, and the Plaintiff’s assertion disputing this is

3. Conclusion

The judgment of the court of first instance dismissing the plaintiff's claim is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

[Attachment Form 5]

Judges Kim Chang-chul (Presiding Judge) Kim Jong-ho