1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the court should explain this part of the disposition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 12(1) of the former Act on Persons of Distinguished Services to the State does not stipulate that even in cases where the State Compensation Act had already been paid the amount of compensation under the State Compensation Act, the relevant Act and other Acts and subordinate statutes may not be absolutely claimed for veterans’ benefits, etc. Meanwhile, the proviso to Article 2 of the State Compensation Act does not stipulate that, even in cases where the State Compensation Act has already been paid the amount of compensation under the State Compensation Act, accident compensation or pension for wounds, etc. under other Acts and subordinate statutes may not be absolutely claimed. 2) In addition, the purport or purpose of the compensation system under the former Act differs from that of the State Compensation Act. However, the proviso to Article 2 of the State Compensation Act differs from that of the State Compensation Act. If it is interpreted that only one claim is possible pursuant to the prohibition of double compensation because the right to claim compensation under the former Act and the right to claim compensation under the State Compensation Act competes with each other, it may result in unreasonable consequences by inducing the State

3 If the amount of compensation exceeds the amount of compensation, the problem of double compensation that can occur in the competition of two claims as above can be solved by way of returning the amount of compensation already received or deducting it from the amount of compensation to be paid.

Although the plaintiff was paid damages by the State compensation, the plaintiff's entitlement to veterans' benefits is all expected compensation.