(b) The case holding that an accident that died due to an assault committed by a superior officer inside the military branch constitutes “net position” in the above paragraph (a)

C. Whether each compensation provision of the Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State and the Military Pension Act constitutes “the provisions of other Acts and subordinate statutes” under the proviso of Article 2(1)

(b) The case holding that an accident that died due to the violence of superior officers inside the military branch constitutes “net position” in the above paragraph (a).

C. Each compensation provision of the Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State and the Military Pension Act falls under the provisions of other Acts and subordinate statutes.

1. The first instance court's decision cited in the proviso of Article 830 of the Act on the Compensation of Survivors and Employees who were killed in the line of duty, or the first instance court's decision that "it is pointed out that the above members of the first instance court were unable to properly deliver the order of aggregate work of the deceased on December 4, 1987 to their bereaved family members when they were killed in the line of duty." The second instance court's decision that "the above members of the first instance court's military service or the second instance court's order of the first instance court's determination that the above members of the first instance court's military service were deceased on the ground that they would not be able to receive certain amount of contact among the members of the second instance court's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2'.

2. Whether the death of a soldier constitutes "in-service" under the proviso of Article 2 (1) of the State Compensation Act shall be determined depending on whether the soldier was injured in connection with his/her performance of duties (see Supreme Court Decision 90Da16108 delivered on August 13, 1991), and according to facts confirmed by the first instance court, it is reasonable to deem that the death of a deceased non-party 2 constitutes a death on duty (see Supreme Court Decisions 8Da2813 delivered on October 11, 198 and Supreme Court Decision 88Da2813 delivered on October 11, 198, etc.). Further, each provision of compensation under the Act on the Honorable Treatment of Persons of Distinguished Services to the State and the Military Pension Act constitutes "the provisions of other Acts and subordinate statutes" under the proviso of Article 2 (1) of the State Compensation Act (see Supreme Court Decisions 90Da16108 delivered on November 26, 191).

Therefore, the court below's rejection of the defendant's defense for the above reasons is erroneous in the misapprehension of legal principles as to "net position" under Article 2 (1) of the State Compensation Act and "the provisions of other Acts and subordinate statutes" under the proviso of the same paragraph, which affected the conclusion of the judgment, and there is a ground for misunderstanding this.

3. The judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)