Whether the provision on disability compensation under the former Public Officials Pension Act falls under the " provision of other Acts and subordinate statutes" under the proviso of Article 2 (1) of the State Compensation Act (negative)

The purpose of the former Public Officials Pension Act (amended by Act No. 3586 of Dec. 28, 1982) differs from that of paying disability compensation under Articles 33 through 37 of the former Public Officials Pension Act (amended by Act No. 3586 of Dec. 28, 1982) and compensation for disaster compensation under the proviso of Article 2 (1) of the State Compensation Act. Since the two systems are not related with each other, the disability compensation provision under the former Public Officials Pension Act does not fall under the " provision of other Acts and subordinate statutes" under the proviso of Article 2 (1) of the State Compensation Act, and therefore, the police officer's payment of disability compensation under the former Public Officials Pension Act does not constitute the payment of accident compensation under the

Article 2 (1) proviso of the State Compensation Act, Article 33 of the former Public Officials Pension Act (amended by Act No. 3586 of Dec. 28, 1982)

Plaintiff 1 and 2 plaintiffs, et al., Counsel for the plaintiff-appellant-appellee and one other

Korea

Seoul High Court Decision 83Na4041 delivered on March 16, 1984

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

The disability benefits under Articles 33 through 37 of the former Public Officials Pension Act (amended by Act No. 3586 of Dec. 28, 1982) are paid for the purpose of contributing to the stabilization of the livelihood and the enhancement of welfare of public officials by providing appropriate benefits for the injury, etc. caused by public officials’ official duties as stipulated in Article 1 of the same Act. Thus, the above disability benefits payment system under the proviso of Article 2(1) of the State Compensation Act and the system for paying compensation for accident compensation, etc. in cases where soldiers, military personnel, police officers, etc. are involved in combat training or other performance of their duties, or where they were killed in action or died on duty or died on duty in facilities, etc. used for the purpose of maintaining national defense or public peace and order. Thus, the two

Therefore, the provision on payment of disability compensation under the former Public Officials Pension Act does not correspond to "the provisions of other Acts and subordinate statutes" under the proviso of Article 2 (1) of the State Compensation Act, which provides that "if the person concerned or his bereaved family is entitled to receive compensation on the same day, etc. of accident compensation under other Acts and subordinate statutes, he shall not claim compensation under this Act and the Civil Act", and therefore, it does not constitute "the provisions of other Acts and subordinate statutes" under the proviso of Article 2 (1) of the State Compensation Act, which provides that "the person concerned or his bereaved family shall not claim compensation under other Acts and subordinate statutes." Therefore, the payment of compensation

Article 29 of the former Police Officers Act (amended by Act No. 3606 of Dec. 31, 1982) provides that a police officer who sustained an injury due to combat or performance of his duties shall be eligible for assistance under the Military Protection Act as prescribed by the Presidential Decree, and Article 8 of the Establishment of the combat Police Units Act provides that a police officer, who was wounded in combat or performance of duties, who was wounded in combat or performance of his duties, shall be eligible for assistance under the Military Protection Act as prescribed by the Presidential Decree, and that a police officer, who was wounded in combat or performance of duties, who was wounded in combat or performance of his duties, shall be eligible for assistance under the Military Protection Compensation Act as prescribed by the Presidential Decree. However, if a police officer, other than a member of the combat police police station, suffers an injury due to combat or performance of duties corresponding to combat or performance of duties, the provisions of Article 29 of the same Act provide that a police officer, other than the members of the combat police station, who was subject to assistance under the Military Protection Act, shall not be entitled to compensation under the State Compensation Act.

In the same purport, the court below is just in holding that even if the plaintiff 1 received the compensation for disability under the former Public Officials Pension Act as a police officer, it shall not be deemed to fall under the case of receiving the compensation for accident under the provisions of other Acts and subordinate statutes stipulated in the proviso of Article 2 (1) of the State Compensation Act, and since the plaintiff 1 does not fall under the person subject to the Military Security Compensation Act, the plaintiff 1 is entitled to claim compensation for the accident of this case at the time of original purchase under the State Compensation Act, and there is no error of law by misunderstanding the legal principles as to "the provisions of other Acts and subordinate statutes" under the proviso of Article

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 on the bench.

Justices Song Man-Ba (Presiding Justice)