영내구타 · 가혹행위로 인한 자살에 대한 배상과 보상

Abstract

The families of the soldiers who killed themselves within barracks because of the assault and harsh treatment, calling the nation to account for suicide of their sons, have raised a lawsuit of national compensation or applied for the registration of official bereaved family to the Patriots and Veterans Administration Agency and raised a lawsuit for cancellation of rejection. The Supreme court recently judged, the family of suicide within barracks does not in principle comes under official bereaved family, so it concluded that the family of suicide within barracks should call the nation to account through national compensation. But this judgment of the Supreme court comes into question, in that National Compensation Act §2 ① substitutes the compensation by the Patriots and Veterans Administration Agency for the national compensation. The assault and harsh treatment within barracks is recognised as performance of duty, so should compensated more than national compensation, but it does not come up to the contribution or sacrifice that the Supreme court today requires for compensation by the Patriots and Veterans Administration Agency. So it is necessary to argue about separate national responsibility based on the assault and harsh treatment within barracks in view of lawmaking.