The Death of Soldiers and Associated Legal Challenges

The death of a soldier signifies a profound sacrifice and dedication to the national community, and as such, it should be properly honored. It also reflects the values upheld by the nation. This article addresses various legal issues related to the death of soldiers, including distinctions between combat-related deaths, duty-related deaths, and other categories under the Military Personnel Act, as well as decisions regarding national merit and compensation under the National Merit Act and the Veterans' Compensation Act. Recently, the revision of the Military Court Act transferred the authority to investigate military deaths from the military to the National Police Agency, which is a positive development. However, considering that approximately 60-80% of recent military deaths are suicides, these cases often lack criminal allegations and are quickly concluded, potentially leading to inadequate investigations of significant unit-related factors. This highlights a limitation of the current system. The article also discusses issues such as the categorization of duty-related deaths, conflicts or inconsistencies between the National Merit Act and the Veterans' Compensation Act Enforcement Decree, among others. It is essential to establish a state agency independent of the military to investigate not only the deaths of soldiers but also the related unit-level factors. This is crucial to prevent the recurrence of similar incidents. The Military Human Rights Protection Officer, who also serves as a standing commissioner of the National Human Rights Commission, could fulfill this role. Additionally, this agency should have the authority to review decisions regarding death classifications if objections are raised by the bereaved families. Currently, the Central Military Merit Review Committee, which operates under the Ministry of National Defense, is responsible for re-investigating the causes of death. This could be seen as a conflict of interest, as it involves self-judgment. To address this, it may be beneficial for a newly established Military Human Rights Supervisory Body to assume the final responsibility for re-investigations and death classification judgments. In summary, this new body should be responsible for 1) the protection of and policy development regarding military human rights, 2) the investigation of military death cases based on complaints from bereaved families or ex officio, and 3) the re-investigation and review of death classifications upon objections from the bereaved.