The National Human Rights Commission (NHRC) found that the current law excluding military officers (career service members) with general disabilities from disability compensation could violate the constitutional rights to equality and to claim state compensation. The NHRC recommended that the Minister of National Defense push for institutional improvements, including revising the law.
According to the NHRC on the 24th, A was diagnosed with epilepsy during military service, was classified as a service-related condition (general disability), and was honorably discharged for medical reasons. However, disability compensation was unavailable. Unlike enlisted soldiers under the Act on Compensation for Accidents of Soldiers, career service members can receive disability compensation only for wounds in action (injuries sustained during combat or duties equivalent to combat) or for special-duty service-related injuries.
Before the Act on Compensation for Accidents of Soldiers was introduced in June 2020, when the compensation system operated under the Military Pension Act, both career service members and enlisted soldiers discharged due to mental or physical disabilities could receive disability compensation. After the law was enacted, the scope of compensation for career service members was effectively reduced.
It was found that the soldiers eligible for disability compensation under the Act on Compensation for Accidents of Soldiers are limited. According to data the Ministry of National Defense submitted to the NHRC, over the past five years (2020–2024), the annual average number of career service members with wounds in action or special-duty service-related injuries was 6.6. Career service members with general disabilities numbered 365.8, more than 50 times higher.
The NHRC's Committee for the Protection of Military Human Rights dismissed A's petition, saying it arose from "the National Assembly's legislation" and therefore did not fall within those surveyed by the NHRC. However, it recommended that the Minister of National Defense push to amend the Act on Compensation for Accidents of Soldiers.
The NHRC's Committee for the Protection of Military Human Rights said, "Career service members and enlisted soldiers alike are active-duty soldiers who perform public duties under the state's orders and receive certain pay in return for their service, so they are essentially in a similar status," and added, "Nevertheless, unlike paying disability compensation for enlisted soldiers' general disabilities, the current law completely excludes disability compensation for career service members' general disabilities." It continued, "This treats soldiers who bear the same risks differently solely due to differences in status, and it is hard to find a rational basis for that."
The NHRC also said, "By completely excluding career service members with general disabilities from disability compensation, the majority of them cannot receive compensation through disability pensions or group accident insurance," and added, "This amounts to failing to fulfill even the minimum compensation obligation the state should bear and can be assessed as having significant potential to infringe on the right to claim against the state."
The NHRC said, "Therefore, we recommend that the Ministry of National Defense, the competent ministry, review the unreasonable parts of the current disability compensation system and improve the system, including revising the law, so that an appropriate compensation plan can be prepared for general disabilities resulting from service-related conditions of career service members."