After Subordinate Soldier's Death, Schizophrenia and Extreme Choice... Supreme Court Rules "Eligible for Veterans Benefits"

1st and 2nd Trials: "Difficult to See Subordinate's Death as Sole Cause of Schizophrenia"
Supreme Court: "Guilt and Job Stress Worsened Condition... Causality Recognized"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that a former officer who suffered from mental illness and took his own life after the death of a subordinate soldier is eligible for veterans' benefits.

The Supreme Court's Second Division (Presiding Justice Cheon Dae-yeop) announced on the 31st that it overturned the lower court's ruling, which had dismissed the appeal by Mr. A's bereaved family against the decision by the local veterans affairs office under the Ministry of Patriots and Veterans Affairs that denied Mr. A's eligibility for veterans compensation, and remanded the case to the Seoul High Court.

Mr. A, who served as an officer, was tormented by guilt after a sergeant under his command died in an accident while working in the unit in 2001. He was diagnosed with schizophrenia and depression in 2010. Mr. A was discharged in 2015 due to a service-related illness and took his own life in 2017.

Mr. A's spouse applied for registration as a national merit recipient, citing that Mr. A suffered from paranoid schizophrenia, depression, and sleep disorders. However, when the application was denied on the grounds that he did not meet the criteria for veterans compensation, they filed an administrative lawsuit.

The first and second trials sided with the veterans affairs office. They reasoned that although Mr. A appeared to have started experiencing delusions after the subordinate soldier's death in 2001, the diagnosis and treatment only began around 2010, making it difficult to conclude that the subordinate's death was the sole cause of the schizophrenia.

However, the Supreme Court's judgment differed. It recognized that the schizophrenia symptoms occurred or were triggered by the clear external stressor of the subordinate soldier's death.

The court stated, "There is sufficient reason to believe that the deceased’s mental illness was aggravated or developed beyond the natural course due to job-related stress such as guilt over the subordinate soldier’s death during service," and concluded, "A causal relationship with the performance of duties can be acknowledged."