Injured Playing Soccer in the Military, Denied Veterans' Compensation... Court Overturns Decision

Military Sports Activity Contributed 70% to Injury
"Significant Causal Relationship with Military Service Recognized"

A court has ruled that a decision by the veterans' affairs authorities not to recognize a reservist who was injured while playing soccer in the military as eligible for veterans' compensation was unlawful.

On August 16, the Administrative Division 1 (Presiding Judge An Jwajin) of the Jeonju District Court ruled that the decision by the Jeonbuk Western Veterans Affairs Office chief, which denied reservist Mr. A eligibility as a veterans' compensation beneficiary, was unlawful in an administrative lawsuit filed by Mr. A seeking cancellation of the decision.

On December 27, 2023, during a soccer match at an Army unit sports event, Mr. A was injured in a physical clash with an opposing player, resulting in injuries to his left leg and pelvis, leading to hospitalization. Mr. A was diagnosed with 'left hip impingement syndrome' and a 'labral tear,' and after multiple surgeries and periods of hospitalization, he was honorably discharged in October 2024 at the end of his service.

Subsequently, Mr. A applied for registration as a national merit honoree and a veterans' compensation beneficiary, stating that he was injured during a unit sports event and was still receiving rehabilitation treatment. However, the veterans' affairs authorities rejected both applications, stating that he did not meet the requirements. Mr. A then filed an administrative lawsuit, claiming that the injury occurred during his military service, and that his symptoms had significantly worsened due to delays in diagnosis and treatment caused by assignments such as snow removal operations and other duties within the unit.

According to the Act on the Support for Veterans' Compensation Beneficiaries, a "military casualty" must have a significant causal relationship between the performance of duties or training and the resulting injury or disease. Furthermore, to be recognized as an “on-duty service injury” under the Act on Honoring and Supporting Persons of Distinguished National Service, the duties or training must be directly related to the defense or security of the nation or the protection of the lives and property of the people.

The court ruled that although Mr. A was eligible for veterans' compensation beneficiary status under these laws, he did not meet the requirements for national merit status. The court explained, "It is difficult to regard the 'soccer match' claimed by the plaintiff as duty or training directly related to the defense or security of the nation, or the protection of people's lives and property." However, the court also found, "It is reasonable to view the injury as being triggered by trauma rather than a gradual worsening over time. Medical staff evaluated that the plaintiff's injury was caused 70% by traumatic factors during military sports activities and 30% by personal morphological factors." This means that while there were some individual physical factors, the trauma sustained during military sports activities played a greater role in the injury.

The court concluded, "Therefore, since the illness in this case has a significant causal relationship with the plaintiff's military service, the decision designating him as 'not eligible for veterans' compensation beneficiary' is unlawful and must be revoked."

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