The National Human Rights Commission (NHRC) found that the current law excluding military officers (career service members) with general disabilities from eligibility for disability compensation may infringe the constitutional rights to equality and to claim state compensation. The NHRC recommended that the Minister of the Ministry of National Defense pursue institutional improvements, including amending the law.
According to the NHRC on the 24th, a person identified as A developed epilepsy during military service, was classified as a service-related injury (general disability), and was medically discharged. However, this person could not receive disability compensation. Unlike enlisted soldiers under the Military Personnel Accident Compensation Act, career service members can receive disability compensation only for combat injuries (injuries sustained during combat or equivalent duty) or special duty service-related injuries.
Before the Military Personnel Accident Compensation Act was introduced in June 2020, when the compensation system was operated based on the Military Pension Act, both career service members and enlisted soldiers discharged due to mental or physical disabilities could receive disability compensation. This means that after the law was enacted, the scope of compensation for career service members actually narrowed.
It was found that the military personnel who can receive disability compensation under the Military Personnel Accident Compensation Act are limited. According to data the Ministry of National Defense submitted to the NHRC, over the past five years (2020–2024), an annual average of 6.6 career service members sustained combat injuries or special duty service-related injuries. Career service members with general disabilities numbered 365.8, more than 50 times higher.
The NHRC Military Human Rights Protection Committee dismissed A's complaint, saying it arose from "legislation by the National Assembly" and thus did not fall under those surveyed by the NHRC. However, it recommended that the Minister of the Ministry of National Defense pursue an amendment to the Military Personnel Accident Compensation Act.
The NHRC Military Human Rights Protection Committee said, "Career service members and enlisted soldiers alike are active-duty service members who perform public duties under the orders of the state and receive certain pay in return for their service, placing them in essentially similar positions," and added, "Nevertheless, unlike paying disability compensation for enlisted soldiers' general disabilities, the current law completely excludes the payment of disability compensation for career service members' general disabilities." It went on, "This treats service members who bear the same risks differently solely due to status, and it is difficult to find a rational basis for that."
The NHRC also said, "By completely excluding career service members with general disabilities from eligibility for disability compensation, the vast majority of them are not receiving compensation through injury pensions or group accident insurance," and added, "This fails to fulfill even the minimum compensation obligation that the state should bear, and can be assessed as having considerable potential to infringe the right to claim against the state."
The NHRC said, "Therefore, we recommend that the Ministry of National Defense, the competent authority, review the unreasonable parts of the current disability compensation system and pursue institutional improvements such as amending the law to prepare appropriate compensation measures for general disabilities arising from career service members' service-related injuries."