Only Registered Military POWs Receive 'Detention Consolation Money'... Constitutional Court Rules "Constitutional"

Chief Justice Yoo Nam-seok (center) of the Constitutional Court, along with other justices, entered the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 22nd and took their seats. [Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the current law, which only pays compensation for the period of captivity to repatriated and registered military prisoners of war (POWs), does not violate the Constitution.

On the 27th, the Constitutional Court announced that it made a constitutional ruling with a 5-4 decision regarding Article 9, Paragraph 1 of the "Act on the Repatriation and Treatment of Military POWs" (Military POW Repatriation Act).

The petitioner, Mr. A, who was born in North Korea, defected to South Korea in 2005. Mr. A received support payments provided to families of POWs from captivity locations and North Korean defectors.

In 2018, Mr. A applied to the Ministry of National Defense for compensation, claiming "the right to receive compensation for my father's period of captivity," but his request was denied. Mr. A's father, a military POW who participated in the Korean War, died in North Korea in 1984.

The current Military POW Repatriation Act stipulates that "registered POWs shall be paid compensation for the period of captivity."

Accordingly, Mr. A filed an administrative lawsuit against the Minister of National Defense and also filed a constitutional complaint, arguing that the Military POW Repatriation Act discriminates against non-repatriated POWs.

The Constitutional Court judged, "Verifying the identity of the compensation recipients, the reason for their return, and their conduct during captivity to assign registration and classification is an essential procedure prior to compensation payment, in light of the law’s purpose to console the sacrifices made by military POWs for the country."

On the other hand, Justices Lee Sun-ae, Lee Eun-ae, Lee Jong-seok, and Lee Young-jin held that the constitutional complaint itself is not admissible. They argued that the right to claim compensation for military POWs is an exclusive right of the "registered POW" themselves and does not transfer by inheritance if the person has died. Therefore, Mr. A, as the child, has no right that has been infringed.

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