Death of a soldier who is entitled to receive a retirement pension under the Military Pension Act and any equivalent loss of the retirement pension.

If a soldier who served for not less than 20 years has died due to a traffic accident and the person entitled to the retirement pension under the Military Pension Act is unable to receive the retirement pension, the amount equivalent to the retirement pension which has lost his/her profits is passive loss in causal relation with the above accident.

Article 21 of the Military Pension Act, Article 763 of the Civil Act

Kim Young-young et al., Counsel for the plaintiff-appellant Oi-si, Counsel for defendant-appellant

Defendant 1 and one other Defendants, Defendant 1 et al., Counsel for the defendant-appellant

Seoul High Court Decision 80Na1688 delivered on October 31, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. Article 21 of the Military Pension Act provides that a soldier who has served for not less than 20 years shall be paid a retirement pension if he retires from office. According to the facts established by the judgment of the court below, the non-party leap abuse is a soldier who has served for not less than 20 years at the time of the death of the traffic accident in this case and is scheduled to retire from office, and thus, the deceased is a person eligible for a retirement pension prescribed in the above Act. Therefore, even though the deceased did not have the accident in this case, it is obvious that the deceased would have been unable to receive a retirement pension due to the accident in this case, and it is obvious that the amount equivalent to the retirement pension which the deceased would have lost profits that the deceased would have obtained is passive losses in causal relations with the accident in this case. The judgment of the court below that ordered compensation is just and justifiable in the purport that the deceased's retirement pension or bereaved family's benefits under the Military Pension Act would have been paid at the time of his retirement for a considerable period of time after his retirement or the bereaved family's benefits would be paid for losses (see 178.).

2. The purport of the Supreme Court Decision 69Da289 Decided September 29, 1970 cited by the theory of the lawsuit is clear that the purport of the bereaved family's benefits should not be deducted from the amount of damages caused by the tort in the lawsuit claiming a claim for damages by a deceased public official by inheritance of the right to claim damages, and that the retirement pension does not constitute a passive damage. Therefore, the theory of misunderstanding the judgment

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

Justices Jeon Soo-hee (Presiding Justice)