The bereaved family's pension already received under Article 26 of the Military Pension Act shall be deducted from the consolation money.

A survivor's pension already received under Article 26 of the Military Pension Act shall be deducted from consolation money.

Article 26 of the Military Pension Act, Article 2 of the State Compensation Act

Plaintiff 1 and five others

Korea

Seoul High Court Decision 67Na3047 decided August 21, 1968, Seoul High Court Decision 67Na3047 decided August 21, 1968

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal No. 1 by the Defendant Litigation Agent are as follows:

As stated in Article 26 of the Military Pension Act, the survivor's pension under Article 26 of the Military Pension Act is paid to the bereaved family for the stabilization of the livelihood and the enhancement of the welfare of the soldiers and their bereaved family members. Therefore, it cannot be said that it has the nature of compensation for damages arising from the death of the soldier. Thus, the court below is just in the judgment of the court below, which deducts KRW 9,600 from the consolation money of 50,000 already paid to the plaintiff 1 from the consolation money of 50,000 won, and there is no error in the misapprehension of legal principles like theory

2. health care unit;

Although survivor pension will continue to be paid in the future on a regular basis in 1,000 won each month, it is not reasonable to discuss this new fact in the final appeal.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng