Cases where there were errors in the misapprehension of legal principles as to the nature and scope of compensation for military personnel's death benefits, survivor's benefits and bereaved family's living assistance benefits.

The circumstances in which the death benefits of a soldier were paid due to the provisions on the death benefits of a soldier shall be taken into consideration in calculating consolation money after deducting the amount already paid from property damages, as the survivor pension benefits and the bereaved family life assistance allowance as provided for in the Military Aid Compensation Act and the Military Aid Benefits Act.

Article 2 (1) of the former State Compensation Act, Article 7 of the Military Aid Compensation Act, Article 8 of the Military Aid Compensation Act, Article 18 of the Military Aid Benefits Act

Plaintiff 1 and one other

Korea

Seoul High Court Decision 67Na1224 delivered on September 22, 1967, Seoul High Court Decision 67Na1224 delivered on September 22, 1967

The part of the original judgment against the defendant shall be reversed, and the case shall be remanded to Seoul High Court.

The defendant's grounds of appeal are examined.

According to the original judgment, the court below recognized that the non-party, who was the victim of the instant case, sustained property damage caused by the accident of this case, was the loss amount expected to have been incurred as the Army Workers at the time of their survival and the loss amount of expected profits after the completion of military service, and recognized that the defendant paid 102,960 won as the death allowance to the plaintiff 1 pursuant to the above evidence No. 1, and that the amount of 2,400 won per month as the survivor's benefits and 1,00 won per month as the bereaved family's benefits were paid to the plaintiff 1. The court below rejected the defendant's defense that the amount should be deducted from the amount of damages of this case, and recognized that there were no errors in the misapprehension of the legal principles as to the amount of damages of the plaintiff 1 and the bereaved family's benefits paid to the plaintiff 2 at the time of their death and thus, it was not possible to find the defendant's defense as the whole compensation benefits of the plaintiff 1 and the bereaved family's benefits paid to the plaintiff 1.

[Judgment of the Supreme Court (Presiding Judge) Na-dong, Ka-dong, and Lee Jong-young