5cm Scar on Soldier's Face During Training... Court Rules Denial of Disability Pension Unfair

The court ruled that the Ministry of National Defense's decision to deny disability pension payments to a soldier who sustained a 'Y-shaped' scar on his face during training, citing that it did not meet the length criteria, was unlawful.

On the 18th, Yonhap News reported that Judge Son In-hee of the Seoul Administrative Court's Administrative Division 1 ruled in favor of soldier A in a lawsuit seeking the cancellation of the Ministry of National Defense's decision that deemed him ineligible for disability pension payments.

Seoul Administrative Court / Photo by Hyunmin Kim kimhyun81@

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Mr. A was commissioned in 1999 and served as a special agent. In 2001, during special martial arts training at a garrison training ground, he sustained a facial injury. While performing a somersault, he fell headfirst onto the ground, hitting his shin and forehead, resulting in a 'Y-shaped' scar between his eyebrows.

Mr. A applied for a disability pension from the Ministry of National Defense, but in October last year, the Ministry refused to pay. The Ministry explained, "The longest scar on the glabella area and the short scar next to the left eyebrow appear connected, so they can be evaluated collectively. However, the measured length is less than the 5 cm standard, so it does not qualify within the disability grades (levels 1 to 7)." However, the hospital diagnosed differently from the Ministry, stating that the long part of the scar was 4 cm and the short part was 1 cm, which could be considered a combined scar length of 5 cm.

Based on this, Mr. A requested a review from the Military Injury Compensation Pension Reexamination Committee. Subsequently, the Ministry of National Defense changed its stance again. According to the disability grade assessment criteria, Mr. A's Y-shaped scar should be evaluated based on the longest scar length, which is 4 cm, shorter than the 5 cm standard. Ultimately, this dispute extended to the courts.

The court ruled in favor of Mr. A. The judgment stated, "A Y-shaped scar is a linear scar longer than 5 cm, which qualifies for disability pension claims under the Military Injury Compensation Act, and corresponds to disability grade 7, 'a person with a clearly visible scar on appearance.' This is a reasonable interpretation." The court explained that the purpose of the facial scar-related laws is to recognize the psychological shrinkage and other disabilities caused by the scar, and the Ministry's judgment contradicts this legislative intent.

Furthermore, the court dismissed the Ministry's claim that if it is considered 'one scar,' the two scars should be combined, and if it is 'one scar' like Mr. A's, the evaluation should be based on the longest scar length. The court stated, "Even if it is considered one scar as the Ministry claims, treating one scar disadvantageously without special reasons is unacceptable," and did not accept this argument. The Ministry of National Defense has appealed this ruling.

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