Diagnosed with 'Hearing Loss' After 21 Years of Military Helicopter Piloting... Court Rules "Eligible for National Merit"

A court ruling has determined that a retired soldier who was diagnosed with hearing loss after serving as a helicopter pilot for over 20 years should be recognized as a national merit recipient.

Seoul Administrative Court.

According to the legal community on the 15th, Judge Yoon Sung-jin of the Seoul Administrative Court, Administrative Division 6, ruled in favor of plaintiff A, a retired soldier, in a lawsuit against the head of the Seoul Northern Veterans Affairs Office seeking to overturn the decision that A did not meet the criteria for national merit recognition.

A enlisted in the Army in 1990 and served as a helicopter pilot for 21 years before retiring upon reaching the mandatory retirement age. In 2010, while still in military service, A was diagnosed at a hospital with "bilateral sensorineural hearing loss." In January 2022, A was registered as a disabled veteran due to injury, but in December of the same year, he applied to the Veterans Review Board to change his status from disabled veteran to a national merit recipient due to injury sustained in the line of duty.

However, the Veterans Review Board decided the following year that A's hearing loss was not primarily caused by duties or training directly related to national defense or protection, and thus ruled that he did not qualify as a national merit recipient. Dissatisfied with this decision, A filed an administrative lawsuit.

The court ruled in favor of A. The judgment stated, "It is reasonable to conclude that the hearing loss developed or worsened due to duties or training directly related to the protection and security of the nation or the protection of citizens' lives and property during military service."

Furthermore, the court concluded, "The injury in this case is noise-induced hearing loss caused predominantly by exposure to noise while A was piloting a helicopter," and added, "Since helicopter piloting is a duty related to the protection and security of the nation or the protection of citizens' lives and property, A meets the criteria for a national merit recipient due to injury sustained in the line of duty."