An Analysis of Veterans Cases for Military Self-inflicted Deaths and Suggestions for Improving Honorable Treatment

The 2012 ｢Veterans Act｣ reform aimed to clarify the distinction between national meritorious persons and veterans' compensation beneficiaries. This was done to ensure those deserving public respect and honor are recognized as national meritorious persons, while those needing compensation are classified as veterans' compensation beneficiaries. This distinction strengthens the identity of veterans' affairs, making the current system of honors and compensation appropriate. The inconsistency between ｢the Military Personnel Act｣ and ｢the Act on the Honorable Treatment and Support of Persons｣, etc. of Distinguished Services to the State, combined with the broad discretion of the Military Death Review Committee, has led to dissatisfaction and confusion among bereaved families and the public. Therefore, it is necessary to clearly define the binding authority of the Veterans Review Committee of the Ministry of Patriots and Veterans Affairs over the Military Death Review Committees' decisions to control this discretion. From the 1988 amendment of ｢the Act on the Honorable Treatment of Persons of Distinguished Services to the State｣ until the 2012 reform, deaths from self-inflicted acts were excluded from the scope of national meritorious persons, their bereaved families, and relatives. Despite the removal of this exclusion in 2012, the criteria for recognizing such deaths as national meritorious persons remain stringent. However, the enactment of ｢the Act on the Support of Persons Eligible for Veterans' Compensation｣ in 2011 has increased the likelihood of recognizing these individuals as veterans' compensation beneficiaries, which is a positive development. Given our conscription system, a shift in the state's perspective on military deaths, particularly self-inflicted ones, is needed. The state should strengthen its responsibility by reversing the burden of proof in these cases, expanding the recognition of national meritorious persons and veterans' compensation beneficiaries. Additionally, the contributory negligence ratio in state compensation lawsuits involving self-inflicted deaths should be reduced. Lastly, it is important to recognize the administrative nature of decisions by the Military Death Review Committees of each military headquarters and the Ministry of National Defense. Expanding rights relief through constitutional complaints under Article 68, Paragraph 1 of ｢the Constitutional Court Act｣ in cases of dismissal is also necessary.