Facts
A. (born in 1996) acquired the vocational certificate as a commercial clerk in June 2017. From 15 January 2018 to 10 November 2019, he performed 668 days of continuous service. During basic training as a recruit, he received a loss of earnings compensation of CHF 62.- per day, and during rank change services a daily allowance of CHF 91.-. On 16 June 2020, A. applied to the Compensation Fund of the Canton of St. Gallen, requesting that the compensation be calculated based on an annual income typical for the location and industry of CHF 60,091.-. The Social Insurance Institution and the Insurance Court of the Canton of St. Gallen rejected this. A. has filed an appeal in public law matters.Considerations
The Federal Supreme Court partially upholds the appeal. A. is essentially to be equated with an employed person, as he was able to credibly demonstrate that he would have taken up long-term employment if he had not performed military service. The lower court has misunderstood the relevant standard of proof, as it made the credibility dependent on proof of specific job opportunities. The training and employment biography data as well as the post-service behavior of the appellant at least suggest that he would have taken up permanent, or at least long-term, employment at the latest by…