Late Master Sergeant Lee Yeram's Family Wins Insurance Lawsuit: "Claim Valid"

Ordered Payment of 300 Million Won and Delayed Interest

The court has ruled that the insurance company must pay accidental death insurance benefits to the family of the late Air Force Master Sergeant Lee Yeram, a victim of sexual violence within the Air Force.

The father of the late Air Force Master Sergeant Lee Yeram, who made an extreme choice after suffering secondary victimization from sexual harassment in front of Myeongdong Cathedral, Jung-gu, Seoul, is holding a one-person protest urging the introduction of a special prosecutor. Photo by Yonhap News

According to the legal community on May 10, the Civil Division 17 of the Seoul Central District Court (Presiding Judge Jang Ji-hye) ruled in favor of the plaintiffs last month on April 3 in a lawsuit filed by two family members of Master Sergeant Lee against Meritz Fire & Marine Insurance seeking insurance payouts. The court ordered the insurer to pay each family member 300 million won, along with delayed interest.

Master Sergeant Lee, who was serving in the 20th Fighter Wing of the Air Force, reported being sexually harassed by a superior in March 2021, but continued to suffer from ongoing secondary victimization. Ultimately, two months after the incident, in May 2021, she ended her life at the age of 23. The superior, Sergeant Major Jang, who sexually harassed Lee, was sentenced to seven years in prison by the Supreme Court in September 2022.

In February 2023, the Air Force's Ordinary Military Accident Review Committee recognized Lee's death as a line-of-duty death, concluding that the psychological injury caused by the sexual harassment and secondary victimization contributed to her death. In November of the same year, the bereaved family filed a claim for accidental death insurance benefits with the insurance company.

The insurance policy stipulates that "if the insured harms themselves in a state where they cannot make free decisions—such as loss of mental faculties—insurance benefits will be paid." However, the insurer refused payment, claiming that as of May 2024, three years had passed since Lee’s death and thus the statute of limitations for claiming insurance benefits had expired. In response, the family argued that the statute of limitations began in February 2023, when they were notified of the official recognition of line-of-duty death, and filed a civil lawsuit.

The court accepted the family's argument. Citing Supreme Court precedent, the court explained that the statute of limitations for insurance claims begins when the claimant becomes aware, or could have become aware, of the occurrence of the insured event. The court further determined that, in the case of Lee's family, they could objectively recognize their eligibility for insurance payments only after the Air Force’s official recognition of her death as a line-of-duty case.

The insurer's argument that the family already knew the cause of death through media reports was not accepted by the court. The court pointed out, "The deceased lived within the military base and was reluctant for those around her to know about the sexual harassment and secondary victimization," adding, "It would have been difficult for the plaintiffs to recognize the specific emotional changes and their severity experienced by the deceased."

The court further noted that, considering the unique circumstances of military organizations, the point at which the family could objectively determine that Lee’s death was due to external factors was when they received notification of the line-of-duty determination.

The insurance company has appealed the ruling.

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