The military and the police who died in battle, were killed in the performance of their duties, were wounded in the war, and were injured while on duty are representative people of sacrificing their own life and body for the security and subsistence of a country. It is natural that due compensation should be given to them for the sake of their special sacrifice or contribution from a nation itself and as legal bases for that, there are the preamble of a constitution, the tenth article, the eleventh article, the sixth provision of the thirty-second article, and the second provision of the thirty-ninth article. According to operative law, recompense for those is being exercised through the National Merit Reward System. At this point, due compensation means it is fit for the sacrifice and contribution and can be properly done when the criterion of the examination appropriately reflects the degree of sacrifice and contribution and the contents of the compensation are reasonable and systematic. In respect to compensation, however, the military and the police who died in battle, were killed in the
performance of their duties are being discriminated irrationally and excessively against the military and the police who were wounded in the war, and were injured while on duty. Because they lost irretrievable legal value of their own life but their compensation money is much under the money that is given to the military and the police wounded in the war or injured while on duty who sacrificed their body or health.(Considering that period receivable is quite short, the disparity is much severe.) For example, according to the compensation money of 2007, the indemnity is 804,000 for a bereaved family of the military and the police who died in battle or were killed in the performance of their duties and the amount is not enough difference from the compensation money of 789,000 for the military and the police wounded in the war or injured while on duty who belong to the sixth class, the second provision. Such irrational,
unsystematic system of compensation money can not be considered as due compensation suitable to sacrifice or contribution, nor is it consistent with the purpose and idea of National Merit Reward System, contradicting a constitution. According to current system for compensation money, an indemnity is given from the first class to the seventh class differently in that the degree of wound or injury means the degree of sacrifice. Even though taken into consideration that there is limitation to the national finance and the compensation money
system has no choice but to depend mostly on discretionary power to legislation, the indemnity given to a bereaved family must be at least above the money for the first class of wound rank because the military and the police dead in battle or killed in the performance of their duties are those whose sacrifice is the most in degree. Therefore, considering that ‘the basic compensation money (except attendance allowance)’ for the first class of wound degree is differentiated from 1,757,000 to 1,623,000, the indemnity for a bereaved family of the military and the police who died in battle or were killed in the performance of their duties should be at least more than 1,623,000.