Anti-Corruption Commission: "Reclaiming Veterans' Benefits After Late Recognition of Out-of-Wedlock Child Is Unjust"

An administrative appeal has ruled that it is unjust to reclaim veterans' benefits that have already been paid, solely because the family relationship of a national merit recipient was later changed.

Sooyoung Cho, Chairperson of the Central Administrative Appeals Commission of the Anti-Corruption and Civil Rights Commission, is speaking at the Government Sejong Complex. Photo by Yonhap News

On September 4, the Central Administrative Appeals Commission under the Anti-Corruption and Civil Rights Commission announced that it had canceled a reclamation order issued by a local veterans affairs office against Mr. A, a national merit recipient who had been receiving veterans' benefits. Mr. A had filed an administrative appeal challenging the order.

Since 2009, Mr. A, who is over 60 years old and had no dependents, had been receiving an allowance for those without family support. However, at the end of last year, after legally recognizing a child born out of wedlock, the local veterans affairs office ordered the reclamation of 10.62 million won, equivalent to five years of allowances previously paid.

The Central Administrative Appeals Commission determined that the reclamation was unlawful and unjust, considering that Mr. A reported the recognition of his child to the local veterans affairs office immediately and had no intention of fraudulent receipt. The commission also took into account that Mr. A, now 77 years old, is struggling to make a living due to chronic illness, and that reclaiming the benefits would threaten his livelihood.

Sooyoung Cho, Chairperson of the Central Administrative Appeals Commission, stated, "This decision is an important precedent that sets the standard for reasonably weighing public and private interests based on individual circumstances. Going forward, the commission will protect citizens' rights and interests from unreasonable reclamation orders."

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