The Chuncheon Tribunal of the Seoul High Court overturned the plaintiff's defeat in the first trial in a lawsuit filed by 66-year-old Choi against the head of the western Ministry of Patriots and Veterans Affairs in Gangwon Province to cancel the registration of national merit.
Choi, a member of the airborne unit in his 20s, was deployed to guard and reconnaissance missions under the military's upper order to suppress the May 18 pro-democracy movement in 1980, suffered a fractured arm from a gun fired by protesters, and two military colleagues were crushed to death by an armored vehicle.
In October 2017, 37 years later, Choi applied to the Ministry of Patriots and Veterans Affairs to register as a national merit, saying that he was hurt by the mission to disperse protesters and suffered mental anger control disorder due to the aftereffects of witnessing the injuries and deaths of his comrades.
After reviewing Choi's application, the Ministry of Patriots and Veterans Affairs decided that fractures are considered national merit, but mental anger control disorders do not meet the requirements of national merit.
Choi filed an administrative lawsuit against the non-party decision of the Ministry of Patriots and Veterans Affairs, but it was not accepted.
In response, the first trial ruled in favor of the Ministry of Patriots and Veterans Affairs, saying that there is no causal relationship between the military's performance and Choi's mental anger control disorder, and that Choi's symptoms are believed to have been influenced by personal disputes or criticism of the suppression forces of the pro-democracy movement.
However, the appeals court noted that Choi was overly sensitive about what he experienced during the May 18 Democratic Movement.
In particular, considering that he showed extreme victimization or hostility toward others and was diagnosed with post-traumatic stress disorder (PTSD) by a psychiatric department, he judged that it was a national merit requirement.
The ruling was confirmed on the 14th as the Ministry of Patriots and Veterans Affairs did not submit an appeal after the second trial was sentenced.
After the ruling, Choi said, "I hope that comrades who are living in hiding and struggling without knowing that it was a disease caused by the situation at the time will be rescued with honor and given an opportunity to serve as a true member of society."
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