Supreme Court reversed lower court for calculating compensatory pension when victim receives independent social insurance benefits.

The Supreme Court quashed the lower court's judgment and remanded the case for recalculation of the compensatory pension. The victim, who suffered a work-related injury exacerbated by a pre-existing condition, was already receiving a permanent disability pension from the social insurance fund. The court held that because this social insurance benefit is independent of the victim's contribution to the accident, it must be deducted from the total damages first, then reduced by the victim's 1/3 share of fault. The lower court erred by failing to apply this specific calculation method and incorrectly concluding no additional compensation was needed.