The nature of the allowance paid to the relics under the provisions of the Military Aid Benefits Act or the Military Death Benefits Act under Article 18 of the Military Aid Benefits Act; and

The amount of consolation money for mental impulses suffered by the bereaved family's bereaved family's bereaved family's compensation benefits and the amount of consolation money paid under the Military Aid Benefits Act (waste) shall have the nature of consolation money for the mental impulses suffered by the bereaved family.

Article 18 of the Military Aid Benefits Act

Supreme Court Decision 68Da720 Decided June 28, 1968

Plaintiff 1 and one other

Korea

Seoul High Court Decision 67Na1188 delivered on December 28, 1967, Seoul High Court Decision 67Na1188 delivered on December 28, 1967

Of the original judgment, the remainder of the original judgment, excluding the portion ordering the payment of consolation money to the plaintiffs at the rate of 50,000 won per annum from August 13, 1966 to the full payment system, shall be reversed, and the reversed part shall be remanded to the Seoul High Court.

The plaintiffs' grounds of appeal are examined as follows.

In calculating the property amount of the Nonparty’s non-party’s property damage caused by the instant accident, the lower court recognized the fact that the KRW 1,200 of each month’s survivor’s pension (which is governed by the Military Employees’ Compensation Benefits Act) would be paid to his bereaved family members, and deducted KRW 14,400 (1,200) from the property income for one year of the deceased non-party’s property income for the foregoing year, and deducted the amount of KRW 85,800 from the lump-sum amount paid by the State, which was already paid by the said non-party’s parent, from among the lump-sum amount paid by the Hofman Accounting Act.

However, this calculation can be seen as committing an error in two respects.

First, the amount of consolation money for mental impulses suffered by the bereaved family members is not based on the nature of compensating for damage to the property of the deceased victim, but rather on the character of consolation money for mental impulses suffered by the bereaved family members (see Supreme Court Decision 68Da720, Jun. 28, 1968). However, the judgment of the court below is required to deduct this amount from calculating the amount of consolation money for the dead children's property damage, and the second is also deducted from the amount of the above property damage calculation.

Therefore, there is a reasonable ground to criticize the judgment of the court below on the part of the deceased non-party's property damage amount. Accordingly, this part of the original judgment is reversed, and this part of the original judgment shall be remanded to the Seoul High Court, which is the lower court. Next, with respect to the part ordering the payment of consolation money to be received by the plaintiffs among the original judgment, each of KRW 50,000,000, and each of the damages for delay thereof is ordered, and the appeal on this part

It is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)