206 Doz. 24914 Compensation (as referred to in paragraph (1))

1 through 8

Korea

June 23, 2006

July 7, 2006

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant, each of the plaintiffs 20,000, 000 won and a copy of the complaint of this case from June 20, 2005

Until service date, 5% per annum and 20% per annum from the next day to the day of full payment.

H. D. Payment

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry of Gap evidence 1, 2, 3, 17-1 to 8, 1-1, and 1-1.

A. Status of the parties

On January 14, 2005, GP on May 11, 2005, while being transferred to the team of the Bolle of the Army on January 14, 2005 and serving as a small gun, the GP was called "GP" after being put into the team of the Bolle of the Army on May 11, 2005, and the desire for life was lost and it was difficult to adapt to the unit.

6. On June 19, 2005, in order to escape from the GP and return to the house, we start with mind that all of the GP personnel can only be killed. On June 19, 2005, around 30:5, in order to kill all the number of those who were salked in the office located in the Gyeonggicheon-gun, Gyeonggi-do 530GP prevention team, Byung was salked to explosion the hydropaths. K-1 small guns within the GP prevention team, and were killed in the office of the 530GP prevention team, in order to kill all the number of those who were salked, and the 7th mother of the 8th National Assembly. The 7th National Assembly of the 7th National Assembly of the 7th National Assembly of the 8th National Assembly of the 7th National Assembly of the 7th National Assembly of the 5th National Assembly of the 5th National Assembly of the 196th National Assembly of the 7th National Assembly of the 5th National Assembly of the 7th National Assembly.

B. On June 20, 2005, this case’s internal Kim Il-Il’s joint team leader at Dogsung-Il’s conference (1) who investigated firearms accidents at the Ministry of National Defense’s findings of the investigation and posted the website (1) is an me to see whether the internal Kim Il-Il’s “Il was fluord with the officer’s speech violence and committed a crime, and all the unit members of the military unit are able to kill Il-Il’s. The specific language violence on Kim Il-Il’s disease is to the extent that the contents of all the speech violence will be flicked. If the soldier was on duty, whether it would be against it, whether it will be terminated, and whether it is difficult for him/her to see, but it is only reported.

내성적인 성격의 소유자인 김일병에게 크게 작용한 것으로 보인다. 조사를 하면서 발견한 사실은 김일병이 상당히 내성적인 성격의 소유자라는 점이다. 평상시 컴퓨터 게임을 무척 좋아했다. 몸이 약하고 입대 전에 대학을 다니다가 스스로 적응하지 못해 학교를 그만뒀다고 진술하고 있다. 이런 것을 종합적으로 판단할 때 사고자는 상당히 남과 잘 어울리는 것을 어려워하는 성격이다. 작은 말에도 마음에 상처를 입을 수 있는 소심한 성격이다. 소대원들과는 의사소통이 제대로 안됐다. 이런 것이 성격과 어울려 일이 발생했다. 지난 17일 선임병인 상병 □□□이 취사장에서 하수구를 뚫는 작업을 하고 있었는데 그 때 김일병이 지나가자 고참이 일하는데도 그냥 지나갔다며 상스런 얘기와 함께 2 ~ 3분 정도 교육을 시켰다. 그때 김일병은 심한 인격모독을 느꼈다 .

The reason for the crime and the circumstances of the case were officially announced. The reason for the crime was that it was decided that all the members will die while returning to the internal armed force.

(2) On the same day as the above official announcement, the news report column on the Internet homepage of the Ministry of National Defense (htp: / www.go. km) included the contents of the announcement in the title "the result of the investigation of the highest GP incident" and posted it in the public, and as a result of the firearms accident investigation (0620) in the name of the Army headquarters attached to the above hp file, the "accident" was exposed from the "sicks" to murdering the appointment of a person, such as htp and halthic, while the recent relation between the appointment branch and appointment branch was not harshly and physically harsh.

1. 14. 전입후 “ 선임병들 ” 로부터 빈번한 인격모독성 언어폭력 피해, 2005. 6. 18. 15 : 00경 상병 □□□이 농구 경기시 일병 달았으면 군생활 다 끝나는 거냐 ? 씨발 새끼야라는 등으로 질책, 같은 날 17 : 00경 상병 □□□이 취사장 청소시 씹새끼야, 고참이 물을 퍼내는데 보고 그냥 가냐는 식으로 질책, 상병 □□□ 조사결과 확인됨 ’, ‘ 부소대장 하사 □□□는 김일병이 전입시부터 내성적이고 소심한 성격으로 동료간 화합을 이루지 못하였으나 최초 면담시 열심히 하겠다는 의지를 보여 관심병사로 미분류 했다고 진술 ', ' 동기생 일병 □□□은 김일병이 내성적 성격과 느린 행동으로 “ 선임병들 ” 로부터 잦은 질책을 받았고, GP 투입후 3 ~ 5회 수류탄 까고 총으로 쏴 죽이고 싶다고 말했으나 푸념이나 장난으로 판단하여 보고하지 않았다고 진술 ', ' 동료 16명 무기명 설문 결과 폭행 및 물리적 가혹행위는 없었으나 언어폭력 잔존 ’, ‘ 사망자 시신 후송 : 백제병원 (2명 / 소외 3, 7 ), 양주병원 ( 3명 / 소외 1, 4, 6 ), 일동병원 ( 1명 / 소외 8 ), 수도 통합병원 ( 2명 / 소외 2, 5 ), 수도병원으로 통합 안치 ’ 등의 내용이 기재되어 있다 .

2. The assertion and judgment

A. The plaintiffs asserted (1) even if the deceased did not use speech violence against Kim○-mick, and family affairs, such as the deceased’s appearance and bath, were revealed that the quality and bath of the appointed soldiers did not constitute the motive of the firearms accident through response data to the broadcasting station of the Ministry of National Defense and the military prosecutor’s opinion and the judgment of the High Court for Armed Forces, although it was revealed that the quality and bath of the appointed soldiers did not constitute the motive of the firearms accident, the Minister of National Defense officially announced or on the homepage of the Ministry of National Defense by pointing out false facts as they were the key motive of the firearms accident, and the quality and bath of the appointed soldiers including the deceased were the motive of the firearms accident.

Even if the deceased's duty of care, such as avoiding expressions that could be predicted guilty, can be seen as a suspected offense of insult against Kim ○○'s disease, it is asserted that the defendant is liable to pay consolation money of 20 million won to the plaintiffs directly as part of the compensation for damages, since the deceased's social assessment of the deceased, and the deceased's social evaluation of the deceased's family members or deceased's reputation, and the deceased's reputation is infringed by infringing upon their reputation, and thus, they are liable to pay consolation money of 20 million won to the plaintiffs.

(2) The defendant asserts that, after the Ministry of National Defense organized a joint investigation group, the Minister of National Defense investigated relevant persons such as Kim ○○ branch Kim, verified the scene, confirmed that the quality and bathing of the appointed soldiers caused the occurrence of a firearms accident based on the confession and the statement of the appointed soldiers, and announced the results of the investigation. Since the defendant did not indicate false facts, the defendant did not impair the reputation of the plaintiffs, and that it was not illegal as it announced the results of the investigation for the public interest in consideration of the seriousness of the case.

(b) Fact of recognition;

A5, 14, 18, 19-1 through 9, 19-20, 127, 28, 30, 34, 37, 138-1, 3, 40, 42, 43-9, 15, 16, 21, 24, 24-9-1, 50, 53, 57, 60, and 1-2 of evidence A-1-2 may be acknowledged as follows, comprehensively taking into account the following facts:

(1) In the Army Research Team of the Army to which the 530GP personnel of the 530GP personnel of the 530GP personnel belongs, the 530GP personnel of the Army Research Team of the 530GP

From among the deceased non-party 8, the latter Gagna Gag Gag Gag, the second Gag Dog Gag Magna Mag, and 26 (the vice president of 530GP). 26, the 26, the 26, the 14, the 14, the 14 (the 1 through 7, except the 8, among the deceased), the 8, and the 26, the 22, the 26, the 26, the 14, the 14, the 14, the 14, the 2, and the 2, the 26, the 26, the 26, the 26, the 26, the 26

( 2 ) 총기사고 동기에 관한 수사 과정 ( 가 ) 김○○ 일병은 사단 신병교육대 시절 나의 성장기에 입대 전 온라인 게임을 즐겼고 고참이 괴롭히면 자살할 것 같다는 내용을 적기도 했고, 2004. 12. 7. ◇ 보충대에서 실시한 다면적 인성검사 결과 김○○ 일병에 대하여 경쟁심이 강하지 못하고, 자신감이 부족하며 기운과 의욕이 없어 비활동적이라는 소견이었으나 인성검사 이상자로는 분류되지 않았으며, 김○○ 일병이 졸업한 중학교 생활기록부에는 자기중심적인 면이 있다, 자신감이 부족하다, 남을 배려하는 마음이 아쉽다고 기재되어 있다 .

또한 김○○ 일병은 수양록에 2005. 6. 1. ' 일병을 달았다, 이제 신임 관리하라는 협박이 들어오고 일병 달았다고 빠질까봐 괜히 생트집이다 ' 라는 내용을, 2005. 6. 7. ' 괜히 은근슬쩍 신임한테 욕도 하고 못한다고 지랄했다, 개념 없는 □□□ … 킥킥 나도 한때 그랬지 ' 라는 내용을 적기도 했다 .

(B) On June 19, 2005, Kim Il-il stated that he thought that he would act as a member of the military judicial police officer on his motive for committing the crime at △△△ 200. He thought that he would be able to kill and rash the name of his own character, and that he would do so. On June 17, 2005, ○○ 20: ○ ○ 5, ○ ○ 5, ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 2.

26. After being examined as a witness, he stated that there was a bath for Kim ○-○’s disease. He stated on June 27, 2005 that he was flabing the flaps of Kim ○-○’s disease around the end of 2005.

(D) On June 27, 2005, Kim Il-young expressed his desire on the following grounds: on the 4th examination of the suspect, Nonparty 7, who died, she saw Kim Il-young's behavior and she was working without his/her own name; on the grounds that he/she did not seem to take a bath due to the franchisium; on the other hand, he/she she was living well and she was able to do so; on the 19th examination of the deceased injury and death of Nonparty 6, he/she was able to do so; on the 19th examination of the suspect, he/she was able to do so; on the 19th examination of the deceased injury and death of Nonparty 6, he/she was able to do so by June 200, 200, and on the 19th examination of the deceased injury and death of Nonparty 7, she was able to do so without his/her will to do so; on the other hand, he/she did not want to do so.

(E) In addition, Kim ○○’s disease was 0-day after the interrogation of the above 4th century, ○○○’s disease was 0-day, and 0-day, after the examination of the above 5-day disease, ○○○○○’s disease was 5-day, and 0-day, after the examination of the 0-day disease, ○○○○’s disease was 5-day, and 0-day, after the examination of the 5-day disease’s disease, ○○○○ was 5-day, and 0-day, after the examination of the 5-day disease’s disease, the 5-day emergency was rash, and the 5-day emergency was 1 to 1-2-day, and the 5-day emergency was rashed, and the 5-day emergency was rash at around the 205-day emergency.

(3) As a result of the final investigation on June 23, 2005, the Fire Investigation Headquarters of the Ministry of National Defense announced the final investigation results including the issues of the bereaved families on June 23, 2005. On the face of the accident, the motive of the firearms accident is determined to be the interaction between Kim ○-○’s natural and resistant nature, the attitude of life style in which Kim ○-○’s natural life is bad, the dynamic relationship which disregards the designated officers, and the attitude and incidental aspect of the military unit, and the desire and quality of some appointed soldiers, and the possibility of the occurrence of accidents due to the game boom of Kim○-○’s mental illness, the possibility of accidents due to the game brea’s game boom continued investigation.

( 4 ) 재판 과정에서 밝혀진 범행 동기 ( 가 ) 제◇군사령부 보통검찰부 검찰관은 2005. 7. 15. 김○○ 일병에 관하여 공소를 제기하면서 범행동기에 대하여 ' 김○○ 일병은 2005. 1. 14. 소속대 전입 이후 평소 내성적인 성격과 자기중심적인 행동성향 등으로 소속대원들과 융화하지 못한 상태로 약 5개월여 동안 생활해 오면서 선임병들로부터 목소리가 작다, 관등성명을 잘 대지 않는다, 표정관리를 잘 못한다는 등의 이유로 잦은 질책과 욕설을 당하였고 이후 선임병들의 질책, 매일 반복되는 경계근무 및 과중한 작업에 대한 부담감, GP라는 폐쇄적인 공간에서 장기간 생활하는 데서 오는 심리적인 압박감, 휴가에 대한 동경 등으로 생활의 의욕이 없어지고, 혼자 보내는 시간이 많아지는 등 부대적응에 어려움을 보여 오다가, 2005. 6. 13. 경 더 이상 견디지 못하고 GP를 탈출하여 집으로 돌아가야겠다는 생각을 하고 이를 위해서는 GP인원들을 모두 살해할 수밖에 없다고 마음먹은 뒤 … ' 라고 밝혔으며, 제◇군사령부 보통검찰부 검찰관은 2005. 11. 8. 선임들의 언어폭력이나 가혹행위가 범행의 동기가 전혀 아니라는 것이 아니라 범행의 주요한 동기는 아니었다 .

면서 구형의견을 진술하였는데, 육군 제◇군사령부 보통군사법원은 2005. 11. 23. 김○○ 일병에 대하여 상관살해 등의 범죄사실로 사형을 선고하면서 공소장 기재와 같이 김○○ 일병의 범행동기를 인정하였다 .

(B) Meanwhile, on November 16, 2005, the Ministry of National Defense, through the response data from the defendant on November 16, 2005, expressed that the duty of the appointed soldiers among the motives for the crime of Kim○'s disease does not constitute a major motive for the crime. In addition, the High Court for Armed Forces in the Army also stated that the Defendants did not have a major motive for the crime.

4. On 21. 21. 21. 21. The dismissal judgment on the appeal by Kim○-○, who did not have contributed to inducing the commission of the crime, it is indirectly recognized that the speech violence of some appointed soldiers indirectly led to the motive for the commission of the crime, by determining that those persons who did not have contributed to inducing the commission of the crime committed with the intention of committing the crime.

C. Determination

(1) In cases of defamation against the deceased (a) as to the deceased (the deceased), tort against the deceased (a) is not established, but where the deceased’s reputation is damaged due to defamation against the deceased, a tort against the bereaved family is established, and the bereaved family may file a claim against the perpetrator for damages against the deceased.

(B) In a case where a media, such as a newspaper, carries an article for a specific person, whether the article impairs a specific person’s reputation or not shall be determined by comprehensively taking into account the overall flow of the article, the ordinary meaning of the words used, the connection method of phrases, etc., based on the objective contents of the article, as well as the general appearance of the article to the reader (see Supreme Court Decision 2000Da10208, Jan. 19, 2001). In determining whether the alleged facts are false, if the material part is inconsistent with the objective facts in light of the overall purport of the alleged facts, it cannot be deemed as false facts even if there is a little difference from the truth or somewhat exaggerated expression (see Supreme Court Decision 2003Do6675, Feb. 13, 2004). In a case where the act of impairing another person’s reputation is committed, it shall not be deemed as unlawful if it is proven that it is for the public interest without any justifiable reason (see Supreme Court Decision 2005Do6860, Feb. 13, 200004).

(2) In the instant case:

According to the above facts, it is reasonable for the Ministry of National Defense to see that the defendant's use of the weapon as a whole constitutes an act of impairing the honor of the plaintiffs, who are their bereaved families, by pointing out the facts that the Kim○-man's speech violence occurred in the process of publishing the investigation results immediately after the instant firearms case. However, through the investigation and trial process, the motive for the crime of the instant firearms accident was revealed as combined with verbal violence, such as the internal nature of Kim○-il disease and the desire of some appointed soldiers. From the final investigation results announced by the Ministry of National Defense on June 23, 2005, it is reasonable to see that ○○○○○○○'s use of the weapon as a whole caused the harm of life of the deceased, which is an unfaith nature and resistant motive of the Kim○-il disease, and that it was not a result of the overall investigation conducted by the Ministry of National Defense, such as the desire and the quality of some appointed soldiers, on the front side of the military unit.

Therefore, the above assertion by the plaintiffs, which is premised on the illegality of the defendant's presentation of this case that damages the deceased's honor and thereby damages the honor of the plaintiffs who are their bereaved family members, is therefore groundless.

3. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in entirety as it is without merit. It is so decided as per Disposition.

Judge highest priority of the judge

Judges Kim Jong-young

Judges Kim Jong-soo