Law "Compensation Must Be Given to Eldest Son Supporting Father for Over 30 Years"

Recognition of Priority for Families of Independence Patriots
Veterans Affairs Office: "No Special Contribution"
Administrative Court: "Higher Level of Support"

[Asia Economy Reporter Kim Hyung-min] Mr. A, the eldest son among four siblings, lived with his parents since his bachelor days and continued to support his parents along with his wife after marrying in April 1987. In December 2015, his mother passed away, leaving only his father alone. Since then, Mr. A paid even more attention to his father. At that time, his father was elderly and suffered from various chronic illnesses such as spinal stenosis and chronic prostatitis, requiring frequent hospital surgeries and treatments. Mr. A accompanied his father to the hospital and took on caregiving duties himself.

Although his older sisters and younger sister did not acknowledge Mr. A’s efforts, he was undeterred. Mr. A’s wife also actively participated in caring for her father-in-law alongside him. In August 2017, he was recognized for his efforts and received a commendation from the Eunpyeong District Office.

Then, in October 2019, when his father passed away, Mr. A applied to the Seoul Regional Veterans Office to be designated as the highest-priority bereaved family member of an independence merit recipient. Mr. A’s father had been registered as an independence merit recipient under the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the Independence of Korea since August 1982.

He claimed that under Article 12 of the Independence Merit Act, when an independence merit recipient dies, compensation is paid to one highest-priority bereaved family member, prioritizing the person who primarily supported the independence merit recipient, and that he qualified as such.

However, the Seoul Regional Veterans Office rejected Mr. A’s application, stating, "From a social common-sense perspective, it is difficult to see that Mr. A contributed specially to his father’s life beyond the general duties expected of a child." In response, Mr. A filed an administrative lawsuit requesting the cancellation of this decision.

Judge Lee Seung-jae of the Seoul Administrative Court, Administrative Division 7, ruled in favor of Mr. A last month in the lawsuit against the Seoul Regional Veterans Office regarding the refusal to register him as the highest-priority bereaved family member of an independence merit recipient. The court stated, "It is reasonable to view that Mr. A provided special support to his father at a higher level compared to other family members," and "The father also expressed his wish during his lifetime that Mr. A receive the veterans’ compensation instead of other children and inquired about this with the Ministry of Patriots and Veterans Affairs, indicating a strong hope that Mr. A, who supported him for a long time, would receive the veterans’ compensation."

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