If the bereaved family's benefits under the Public Officials Pension Act are deducted from the amount of damages of public officials who died in tort (negative)

Where a State public official dies due to a tort committed by another State public official in the course of performing his/her duties, the bereaved family benefits under the Public Officials Pension Act shall not be deducted from the amount of damage caused by the tort, even if the bereaved family benefits under the Public Officials Pension Act have already been paid to the State by succeeding the right to claim compensation for the damages of the deceased public official.

Article 763 (Article 393 of Civil Act), Article 56 of the Public Officials Pension Act

Supreme Court Decision 69Da289 delivered on September 29, 1970 (Law No. 1980, 12627) 75Da1229 delivered on July 12, 1977 (Gong1980, 12627)

Plaintiff 1 and three others

Korea

Seoul High Court Decision 91Na829 delivered on July 3, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

The purpose of bereaved family benefits under the Public Officials Pension Act is to establish a social security system for public officials by providing appropriate benefits for the death of public officials and to contribute to the stabilization of the economic life and the improvement of the welfare of their bereaved family members.

Therefore, in a case where a state public official dies due to a tort committed by another state public official during the performance of his/her duties, when the State inherited the right to claim compensation for the damages of a deceased public official who died and received compensation from the State or the State for his/her losses, the bereaved family benefits under the Public Officials Pension Act shall not be deducted from the amount of damages caused by the tort (see Supreme Court Decision 69Da289, Sept. 29, 197; 69Da562, Jun. 24, 1969).

The judgment of the court below to the same purport is a change to the above 69Da289 collegiate judgment. The arguments are groundless.

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.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)