군사망사고진상규명위원회 조사활동의 성과와 한계, 그리고 과제

The Presidential Truth Commission on Deaths in the Military is an institution under the direct jurisdiction of the President established by the Special Act for the Investigation of the Truth Behind Deaths in the Military. Petitions are filed to the Commission by bereaved family members or persons who knows relevant facts about an accident or incident in which there is considerable reason to suspect that the cause of death is suspicious. In addition, if there are suspicious circumstances surrounding a death in the military that occurred prior to September 13, 2021, the Commission may conduct an ex officio investigation by decision. The duration of the Commission is 5 years, from September 14, 2018 to September 13, 2023. This article intends to evaluate the fact-finding activities conducted by the Presidential Truth Commission on Deaths in the Military, pointing out the limitations of the system and suggesting future tasks for the government. By the end of June 2023, the Commission completed investigations of 1,833 out of 1,843 cases, including 1,787 complaints filed by bereaved families and 56 cases initiated by ex officio investigations, and it plans to complete investigations on all of its cases by the end of July. The Commission conducts an investigation after receiving a petition from the bereaved family. However, there’s a limitation in that this system focuses on resolving cases in which there is a dispute with the military over the cause of death, rather than focusing on the proper treatment of soldiers who died during military service. This is especially true for old cases in which there are no bereaved family members or colleagues to file complaints, so the Commission's investigation is limited as a result. Additionally, due to the fact that it is a temporary organization, there are restrictions on the Commission's ex officio investigative abilities. There are about 39,000 soldiers who have not been given veteran benefits. The state needs to actively step in and reexamine the deaths in the military by modifying evaluation criteria so that even without a petition by the bereaved family these cases can be put forward and resolved. This is the first step towards proper respect for these veterans’ sacrifice for and dedication to the community.