Human Rights Commission: "Military Personnel's Line-of-Duty Death Exceptions Should Be Narrowed and Death Compensation Increased"

The National Human Rights Commission (NHRCK) has pointed out that the exceptional reasons for not recognizing military personnel's death in the line of duty should be reduced, and the death condolence payments should be expanded.

On the 26th, the NHRCK announced that on the 19th, it recommended improvements to the Ministry of National Defense and the Ministry of Patriots and Veterans Affairs regarding the treatment and support related to military personnel's death accidents.

The NHRCK recommended that the Ministry of National Defense reduce the exceptional reasons for recognizing death in the line of duty. Under the current standards, a deceased soldier’s death is classified as death in the line of duty type II only when the performance of duty or training is directly related to "the protection of the nation, national security, or the protection of citizens' lives and property." However, since the military itself exists to protect the nation and citizens, it is very difficult and subjective to determine whether there is a direct connection. Furthermore, according to the amendment of the Military Personnel Act, soldiers who die during mandatory service are classified as deaths in the line of duty, but the proviso sets the exceptional reasons for recognition of death in the line of duty too broadly, resulting in many not being classified as such. The recognition rate of death in the line of duty for mandatory service soldiers has decreased compared to before the enforcement of the Military Personnel Act on July 5 last year.

The NHRCK stated, "The Military Personnel Act should be amended to integrate death in the line of duty type II and type III," and "For mandatory service soldiers, the exceptional reasons for death in the line of duty should be reduced so that only those who committed serious crimes such as murder or rape as defined by Presidential Decree and died as a result, or those who died due to personal acts unrelated to official duties, are classified as general deaths."

Additionally, the NHRCK recommended that the Ministry of National Defense expand the scope of death condolence payments provided to the families of soldiers classified as general deaths. Currently, families of general death soldiers who died from causes other than self-harm receive a "Comrade Love Condolence Payment" of 100 million KRW, but families of general death soldiers who died by self-harm receive only a "Soldier Death Condolence Payment" of 30 million KRW. The NHRCK stated, "It is unreasonable to differentiate condolence payments based on whether the cause of death was self-harm," and "The same amount of death condolence payment should be provided to all families of general death soldiers." Furthermore, the NHRCK recommended strengthening counseling, guidance, and support services related to war casualties and injury compensation within the Ministry of National Defense, and making education on war casualties and injury compensation mandatory for soldiers.

The NHRCK also recommended that the Ministry of Patriots and Veterans Affairs provide opportunities for general death soldiers to be interred in national cemeteries. According to Article 5 of the Act on the Establishment and Operation of National Cemeteries, those who die as active-duty soldiers are generally eligible for interment in national cemeteries, but Article 5, Paragraph 5, Subparagraph 2 of the same law stipulates that those who die for reasons other than death in combat or death in the line of duty during service cannot be interred in national cemeteries. The NHRCK stated, "It is necessary for the state to recognize and honor the efforts of active-duty soldiers who have performed national security and homeland defense duties upon their death," and "Even general death soldiers should be given the opportunity to be interred in national cemeteries through review and resolution by the 'Interment Eligibility Review Committee' if certain conditions are met."

Moreover, the NHRCK recommended recognizing deaths and injuries caused by significant worsening of pre-existing diseases as those of national merit. According to the Act on the Treatment and Support of Persons of Distinguished Service to the State (National Merit Act), not only deaths or injuries incurred during duty performance or training but also deaths or injuries caused by diseases are recognized as death or injury in the line of duty or injury in the line of duty. However, the enforcement ordinance of the National Merit Act excludes those whose pre-existing diseases caused or worsened during duty or training from being recognized as persons of national merit.

The NHRCK pointed out, "If a soldier’s pre-existing disease, which the state failed to identify in advance, significantly worsened due to duty performance or training, resulting in death or injury, the state must take full responsibility," and "The enforcement ordinance of the National Merit Act should be revised to recognize those who died or were injured due to significant worsening of such diseases caused primarily by duty performance or training as persons of national merit." Additionally, the NHRCK recommended that the Ministry of Patriots and Veterans Affairs streamline the application procedures for registering deaths in the line of duty and injuries as persons of national merit to reduce the burden on the individuals and their families.

Furthermore, the NHRCK recommended that the Ministry of National Defense and the Ministry of Patriots and Veterans Affairs include siblings in the scope of bereaved families eligible for benefits due to military deaths and integrate or mutually link the Ministry of National Defense’s war casualty review and the Ministry of Patriots and Veterans Affairs’ veterans review. The NHRCK expressed hope that "the Minister of National Defense and the Minister of Patriots and Veterans Affairs will actively accept these recommendations," and that "this recommendation will serve as an opportunity to further strengthen the treatment, support, and state responsibility related to military deaths and injuries."

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