1.(a)

Article 29 (2) of the Constitution of the Republic of Korea provides that "No compensation for damage that a military personnel, military service official, police officer, or any other person designated by the Act has occurred in the course of performing his/her duties, such as combat training, shall be filed with the State or a public organization in addition to the compensation prescribed by the Act." The proviso of Article 2 (1) of the State Compensation Act provides that "if a military personnel, military service official, police officer, or homeland reserve forces member is killed in action or injured in the course of performing his/her duties in relation to combat training, etc., he/she or his/her bereaved family member may not claim damages under this Act and the Civil Act."

The legislative purport of Article 29(2) of the Constitution and the proviso of Article 2(1) of the State Compensation Act is to prevent excessive financial expenditure and imbalance between the injured military personnel and the injured military personnel, and to prevent disputes arising in the course of performing official duties of the victimized military personnel, etc., by operating the compensation system for damages to military personnel, police officials, or local reserve forces members (hereinafter referred to as "military personnel, etc.") who perform dangerous duties by the State or public organizations, instead of ensuring that the injured military personnel, etc. can receive reliable and uniform compensation without any risk of insolvency, regardless of their negligence or degree, through convenient compensation procedures. However, the injured military personnel, etc. cannot claim compensation for damages from the State for the same damage caused by the tort committed by public officials in the course of performing official duties.

(See Supreme Court en banc Decision 96Da42420 delivered on February 15, 2001.