Text
1. The Defendant’s KRW 33,329,70 for the Plaintiff and KRW 5% per annum from October 11, 2014 to February 10, 2015.
Reasons
1. The facts alleged in the reasons for the attachment of the facts of recognition do not conflict between the parties, or are recognized in full view of the respective entries in Gap evidence 1 and 2 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings.
2. Article 16 of the Crime Victim Protection Act provides that "where a person who suffers from a crime subject to relief (hereinafter referred to as "victim subject to relief") falls under any of the following subparagraphs, the State shall pay the relief fund for criminal damage (hereinafter referred to as "rescue fund") to the victim subject to relief or his/her bereaved family members; 1. Where a victim subject to relief is fully or partially unable to receive compensation for damage," Article 17 provides that "(i) the relief fund shall be classified into the bereaved family relief fund, disability relief fund, and serious injury relief fund, and shall be paid in lump sum." (ii) The bereaved family relief fund shall be paid in the first priority order pursuant to Article 18: Provided, That where there are two or more bereaved family members with the same priority order, the bereaved family members entitled to receive the relief fund shall be any of the following persons:
(4) Where the amount of monthly salary or actual monthly income of a victim subject to relief under paragraphs (1) and (2) exceeds twice the average wage, the amount equivalent to twice the average wage shall be the monthly salary or income of the victim subject to relief.