The case holding that the State is liable for damages sustained by a person who died in the Korean War due to his/her failure to inform him/her of the fact that he/she was unable to receive compensation such as survivor pension, etc., even though the State has received an application for confirmation of the accident.

The case holding that the State is liable for compensation for damages where a person who died in the Korean War was exempted from expenses incurred in education or lost an opportunity to receive educational expenses because his/her bereaved family member was not paid compensation, such as a survivor pension under the former Military Security Compensation Act or the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, even though the State received an application for confirmation of the death from the bereaved family member of the deceased

Article 2 of the State Compensation Act, Articles 4, 5, 6, 7, and 9 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State.

Lee Young-hee (Law Firm Shin, Attorney Park Dong-hee, Counsel for the plaintiff-appellant)

Korea

1. The defendant shall pay to the plaintiff the amount of 56,269,800 won with 55% per annum from November 18, 1998 to May 4, 1999, and 25% per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Five minutes of the lawsuit shall be borne by the plaintiff, and the remainder shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff the amount of 71,080,400 won and the amount calculated by the rate of 5% per annum from the day following the day on which the copy of the complaint of this case is served to the day on which the decision is rendered, and 25% per annum from the next day to the day of full payment.

In full view of the statements in Articles 1-1, 1-2, 3-1 through 5-3, 2-2, and 3-2, and 3 of the deceased, and the testimony of witnesses at the Army Chief of Staff of this Court and the results of each inquiry on the Ministry of Patriots and Veterans Affairs, the non-party 1-2 was married to the plaintiff on March 5, 1947, and the non-party 1-2 (the birth of August 2, 1949) who was born in the Army on November 20, 1948, the non-party 1-2, and 3-1 to 5-3 of the deceased on September 7, 195, and the above fact that the deceased was killed in the Army on September 7, 195, and the above fact that the non-party 1-2 was deceased on the ground of the above fact that the deceased's death was not notified to the above family of the deceased on September 9, 196.

Meanwhile, with the aim of providing for the basic matters regarding the protection of children of distinguished services to the State and the compensation for their sacrifice, the former Military Aid Act enacted by Act No. 758 on Nov. 1, 1961 provides that the bereaved family members of distinguished services to the State were entitled to receive pension and various allowances (see Articles 2 and 5 (3) 1 of the aforementioned Act). The State enacted the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State as the first five (see Articles 7, 8, and 5 (4) of the Act), and enacted the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State as the fourth (see Articles 9 and 5 (5) of the Act). The State enacted the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State as the fourth anniversary of the Act on the Honorable Treatment of Persons of Distinguished Services to the State as the fourth anniversary of the Act, and the Act on the Honorable Treatment of Persons of Distinguished Services to the National Pension.

Therefore, according to the above-mentioned facts and each provision of each of the above laws, if the above-mentioned family member, the father of the above deceased, was notified by the defendant around October 1964 of the facts of the death of the deceased, the plaintiff, who is the wife of the above deceased, was notified of the facts of the death of the above deceased, the defendant received the survivor's pension, etc. under the provisions of each of the above Acts from around that time. However, the defendant erred by failing to notify the plaintiff or the above-mentioned family member of the facts of the death of the deceased properly, thereby preventing the plaintiff from receiving the survivor's pension, etc. until May 198, and caused damage to the plaintiff, who is the plaintiff's children, to be exempted from the expenses required for education or to lose the opportunity to receive other school expenses.

Furthermore, as to the amount of damages caused by the plaintiff's lost property, the plaintiff was able to receive survivors' pension or elderly compensation under the above Acts from November 1, 1964 to April 198. However, as pointed out by the defendant, the claim for payment of damages such as the above survivors' pension was extinguished by the prescription until November 1993. Thus, in full view of the fact finding by the Minister of Patriots and Veterans Affairs, 363,200 won per month for 194, 400 won per month for 200 won for 400 won for 1994, 400 won for 206 won for 40 won for 1960 won for 195, 300 won for 40 won for 196 won for 40 won for 196 months for 195, 300 won for 40 won for 196 won for 195, 90 won for 106 won for 194 won for 196 won for 106 months for .

Therefore, the defendant is obligated to pay to the plaintiff the amount of 56,269,600 won (26,269,600 won + 30,000,000 won) and damages for delay calculated by applying the rate of 50% per annum under the Civil Act from November 18, 1998 to May 4, 1999, which is the date the copy of the complaint of this case was delivered to the defendant, as requested by the plaintiff, and the damages for delay calculated by applying the rate of 25% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim of this case shall be accepted within the extent of the above recognition with merit.

Judges Yang Yong-ho (Presiding Judge) Kim Jong-ho