On the morning of June 4, last year, two days before the 68th Memorial Day and in the month of patriotic duty, veterans of the Vietnam War visit the graves of Navy Corporal Lee Yun-hee and Lee Chae-yong at the National Cemetery in Dongjak-gu, Seoul, and give a salute. /Courtesy of News1

On the 10th, the Constitutional Court issued a decision of 'unconstitutional compatibility' regarding the legal provision that prioritizes compensation payments for national patriots to the eldest among bereaved families. The court will maintain the validity of the provision for now, but if the National Assembly does not amend the law by December 31 of next year, it will be rendered invalid.

The provision subject to judgment in this case is Article 13 (2) of the Act on the Honorable Treatment and Support of National Patriots. This provision establishes a three-tiered ranking for bereaved families eligible to receive compensation for national patriots: 'the person designated by agreement among the bereaved', 'the person who primarily supported the national patriot' if there is no agreement, and 'the eldest among the bereaved' if the degree of support cannot be determined.

Regarding the last tier, 'priority for the eldest', the Constitutional Court stated, 'We will issue a decision of unconstitutional compatibility unanimously with all eight judges.' It indicates that determining the order of compensation payments based on the age of bereaved families is a form of discrimination without rational justification, violating the principle of equality enshrined in the Constitution.

The court noted, 'If various compensations are only given to the eldest child among the children of national patriots, the remaining children who receive no compensation will face inadequate living support,' adding that 'this directly contradicts the legislative intent of stabilizing the lives and enhancing the welfare of the bereaved families of national patriots.'

This case began last year when a child of a national patriot, identified as Kim, applied to the Supreme Court for a review of the constitutionality of the provision.

Earlier, Kim applied for compensation payment at the Incheon Veterans Affairs Office, stating that he directly supported his father, a national patriot. However, it was reported that the Incheon Veterans Affairs Office rejected his application on the grounds that Kim was the second child, not the first, and that the support had not been proven.