If the victim receives a subsidy for school expenses for children of soldiers and police officers killed in action, it is nothing more than the data to be considered in recognizing the consolation money.

If the victim receives a subsidy for school expenses for children of soldiers and police officers killed in action, it is nothing more than the data to be considered in recognizing the consolation money.

Article 7 of the Education Insurance for Children subject to Military Support Act, Article 752 of the Civil Act

Supreme Court Decision 67Da2417 decided Oct. 26, 1967; 68Da602 decided Jun. 18, 1968; 68Da720 decided Jun. 28, 1968

Plaintiff 1 and three others

Korea

Seoul High Court Decision 68Ra931 delivered on November 22, 1968, Seoul High Court Decision 68Ra931 delivered on November 22, 1968

The part concerning the consolation money for the plaintiff Jeong Jong-ok among the original judgment is reversed, and this part is remanded to the Seoul High Court.

The defendant's remaining appeals are dismissed.

The costs of appeal as to this part shall be borne by the defendant.

The grounds of appeal Nos. 1 and 2 of the defendant litigation performer are examined.

It is reasonable to view that both the death benefit under the provisions of the death benefit for soldiers and the survivor's pension under Article 18 (1) of the Military Aid Benefit Act has the nature of consolation money paid to the deceased's bereaved family in order to protect the deceased's bereaved family, and it does not have the nature of property compensation for the deceased's victim (Supreme Court Decision 67Da2417 delivered on December 26, 1967, Supreme Court Decision 68Da602 delivered on June 18, 1968, Supreme Court Decision 68Da720 delivered on June 28, 1968, Supreme Court Decision 89Da640 delivered on June 28, 198, and survivor's pension under the provision of Article 18 (1) of the Military Aid Benefit Act. However, it is reasonable to view that the above amount should be deducted in calculating consolation money in the plaintiff's claim for consolation money, which affected the conclusion of the judgment by misapprehending the legal principles as to consolation money by considering the above facts.

In addition, in light of the provisions of Article 1 of the Act on the Protection of Children of Soldiers and Policemen killed in Action and Police who received from the Defendant, the purpose of which is to foster and guide the children of soldiers and police officers killed in action, and to enable them to become self-reliant members of society by having their children attend educational institutions, and the provisions of Article 7 of the Act on the Protection of Children of Soldiers and Police Officers killed in Action and Police who are entitled to provide school expenses subsidies or accommodation to their children under Article 7 of the same Act, it shall be deemed that the above amount is not sufficient to be considered as consolation money in terms of the nature of a kind of social security system. However, the court below's conclusion that the above amount should not be considered as consolation money to Plaintiff 2, but it is reasonable to consider the above amount as consolation money to recognize the consolation money of Plaintiff 2.

Therefore, among the original judgment, the part concerning the consolation money for plaintiffs Jong-ok shall be reversed and remanded, and the defendant's remaining appeal shall be dismissed, and the costs of appeal as to this part shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)