A claim for damages under the State Compensation Act of a person entitled to receive medical treatment at the State's medical facilities managed by the Commissioner of the Defense Agency pursuant to Article 15 of the Military Security Compensation Act;

In accordance with Article 15 of the Military Aid Compensation Act, a person who is unable to receive medical treatment from a national medical facility under the jurisdiction of the Commissioner of the Military Welfare Service may file a claim for damages under the State Compensation Act for excess part of the national medical facility.

Article 2 of the State Compensation Act, Article 15 of the Military Aid Compensation Act, Article 12 of the Military Aid Benefits Act, Article 7 of the Enforcement Decree of the same Act

[Judgment of the court below]

Korea

Seoul High Court Decision 67Na2468 delivered on December 11, 1968

The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court.

Judgment on the grounds of appeal Nos. 1, 2, and 3 by Defendant Litigation Performers.

The state public officials are entitled to claim damages against the State pursuant to the State Compensation Act for those who suffered damages due to illegal acts. In this case where the damages are continuously caused by continuous medical treatment and employment of nursing personnel, the plaintiff in this case does not require medical treatment under the above Act even if it is possible to receive medical treatment at the state's medical facilities under the control of the Chief of the Defense Agency in accordance with Article 15 of the Military Protection Act, and the expenses cannot be claimed as damages under the State Compensation Act, and even if the plaintiff is paid 5,000 won a month as nursing allowances pursuant to Article 12 of the Military Protection Benefits Act and Article 7 of the Enforcement Decree of the same Act, even if the expenses for nursing personnel who should be actually spent exceed 5,00 won a month, the plaintiff in this case can claim damages against the State if the expenses for nursing personnel who should be paid exceed 5,00 won a month, and there is no objection to the contrary opinion.

In addition, there is no violation of evidence in the original judgment that the plaintiff is able to receive assistance from assistants until his/her life is completed due to the after-the-injury of this case, and therefore it is necessary to employ nursing staff, and that the expenses are required to be borne by 6,000 won per month.

Judgment on the same ground 4

According to the facts established by the original judgment, the plaintiff can not be presumed to be alive until the average life of a person of the same age unless there are special circumstances in this case. Thus, the court below erred by misapprehending the rules of evidence or failing to exhaust all necessary measures, on the premise that the plaintiff can live until the average life of a person of the same age without being able to give an appraisal of the plaintiff's life, etc., on the premise that the plaintiff can live until the average life of a person of the same age without being able to give an appraisal of treatment and employment expenses of future medical treatment and assistant.

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

Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)