Promise to Amend State Compensation Act for Bereaved Families Affected by 'Double Compensation Prohibition'
Minister of Justice Han Dong-hoon comforted the bereaved family of a soldier who died in the line of duty after suffering harsh treatment during military service with a handwritten letter and promised to amend the State Compensation Act to include a 'prohibition of double compensation' clause.
Minister of Justice Han Dong-hoon is smiling while conversing with opposition party lawmakers at the Legislation and Judiciary Committee plenary meeting held at the National Assembly on the 2nd of last month. Photo by Hyunmin Kim kimhyun81@
According to the Ministry of Justice and the younger brother of Corporal Jo, who died while serving in the army in 1997, Minister Han recently wrote a handwritten letter to Corporal Jo's family stating, "Thanks to people like your brother, we are who we are today. With that in mind, I have submitted a bill to amend the State Compensation Act, and I will make sure it passes."
Minister Han concluded the letter with the words, "No one can oppose this. No one. Sincerely, Han Dong-hoon."
Letter from Han Dong-hoon, Minister of Justice, to the bereaved family of a fallen soldier [Photo by the family of Corporal Jo Mo, Yonhap News]
This letter was a reply to a letter sent by Corporal Jo's bereaved family to Minister Han earlier last month, requesting assistance. Corporal Jo, who belonged to the 6th Infantry Division of the Army, died in February 1997 after leaving a will expressing resentment toward eight senior soldiers and asking for them to be killed. The soldiers accused of abuse were investigated under detention but were all granted suspension of indictment, and the military authorities did not even inform the family of this decision. As a result, the family was deprived of the opportunity to request reinvestigation through a reapplication for prosecution, and meanwhile, the Army destroyed the past investigation materials.
The Military Death Accident Investigation Committee recognized Corporal Jo as a soldier who died in the line of duty in April last year, 25 years after his death. The committee acknowledged that severe beatings and harsh treatment by senior soldiers, as well as negligence in command and supervision by unit officers, were the causes of Corporal Jo's death.
Although Corporal Jo's honor was restored belatedly, the family did not receive substantial compensation. The Army and the Ministry of National Defense repeatedly dismissed the family's state compensation claims citing the 'prohibition of double compensation' clause. Article 2, Paragraph 1, proviso of the State Compensation Act, known as the 'prohibition of double compensation clause,' states that "when a soldier or their family receives compensation such as injury compensation, survivor's pension, or disability pension under other laws, they cannot claim damages." Since Corporal Jo's family can receive a pension for death in the line of duty from the Ministry of Patriots and Veterans Affairs, they cannot receive double compensation.
In response, Minister Han announced during a briefing held in May when he announced the 'State Compensation Act and Enforcement Decree Amendment Bill' that he would push for the amendment to allow the bereaved family to claim consolation money. The amendment bill was submitted to the National Assembly in October.
Corporal Jo's family said, "We thought the Ministry of Justice would send a formal response to the letter we sent, but we were surprised that the minister personally wrote a letter in reply," and expressed hope, saying, "We believe the amendment will definitely be made so that citizens can be guaranteed their rightful rights."
Earlier, in August, Minister Han also sent a handwritten reply to an elementary school student who had sent him a letter. The student wrote, "Thank you for working hard for our country. I want to become a great person like you, Minister. If you see this letter, please send me your autograph. I will give you a Squirtle sticker that I like."
After receiving the letter, Minister Han personally wrote, "I received your letter well," and added, "Isn't that sticker hard to get? I will keep it well," then attached the sticker to the cover of his diary, which became a topic of interest.
Minister Han continues to engage warmly with citizens, taking photos with them in public places. In October, he made a surprise visit to the Seoul Arts Center to watch a performance by the London Philharmonic Orchestra and responded to numerous photo requests from citizens. During his visit to Daegu last month, he delayed his train departure to take photos and exchange kind words with citizens.
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