Bereaved Family to Continue Lawsuit in Byeon Hee-soo Discharge Cancellation Trial

The First Argument is Scheduled for the 15th as Planned

[Image source=Yonhap News]

[Asia Economy Reporter Hwang Yoon-joo] The family of former Army Corporal Byeon Hee-soo, who was forcibly discharged after gender reassignment surgery (gender confirmation surgery), will continue the lawsuit by inheriting the plaintiff status to cancel the discharge.

The Administrative Division 2 of Daejeon District Court (Presiding Judge Oh Young-pyo) approved the succession of the lawsuit requested by the heirs of the plaintiff (former Corporal Byeon's parents) on the 9th. Succession of lawsuit is a procedure to prevent the suspension of legal proceedings.

The court stated, "The status as a soldier of the plaintiff disputed in this discharge cancellation lawsuit is not subject to inheritance."

However, the court added, "Whether the discharge cancellation is granted affects the legal rights to claim unpaid wages and other benefits until the deceased's scheduled discharge date. It is reasonable to consider that the heirs have succeeded the legal interest to seek the cancellation of the discharge for the deceased."

In this case, since the plaintiff who filed the lawsuit against the Army Chief of Staff (defendant) has passed away, if the succession of the lawsuit was not accepted, the trial would have been terminated as is. Former Corporal Byeon was found dead at home last month.

Initially, the legal community widely expected the court to terminate the trial ex officio, reasoning that the rights involved in the lawsuit, namely the cancellation of discharge, belonged solely to the plaintiff Byeon, and thus no one else could inherit the plaintiff status.

However, as the court accepted the arguments of the legal team, the trial will proceed normally. The first hearing is scheduled to be held as planned on the 15th at 10:45 AM in Courtroom 332 of the Daejeon District Court annex.

This content was produced with the assistance of AI translation services.