In the process of saving a friend with a physical disability, a man who died drowning was recognized as a'chair'.

According to the legal system today (27th), the Seoul Administrative Court's Administration Division 5 (President Yang Joon Park) ruled against the plaintiff in an administrative lawsuit filed by the deceased A's wife against the Ministry of Health and Welfare who did not recognize Mr. A as a doctor.

Mr. A died in August 2018 while swimming with a friend B in a beach in Gangwon, dipping into the water trying to rescue Mr. B, who got water in his nose and mouth, and asking for help. Mr. B had a discomfort in his left shoulder because of a physical disability.


Later, Mrs. A asked the Ministry of Health and Welfare to designate a husband who was killed while saving another person's life as a doctor. A doctor is a person who died while performing rescue rather than his/her duties and was recognized by the Minister of Health and Welfare under the Act on the Treatment and Support of Doctors and Others (Doctor Box Act). If you are designated as a doctor, you are subject to national courtesy, such as receiving a compensation amount equivalent to 240 times the basic pension monthly amount at the time of death.

However, the Ministry of Health and Welfare rejected the request. According to the Doctor's Box Act, even if a person in danger is killed while being rescued, he or she is not recognized as a doctor if he or she creates the person's risk. Shortly before the accident, Mr. A and Mr. B were known to have been snorkeling several times before repeating drinking out of the water. So Mrs. A filed an administrative lawsuit in court.


The judiciary made a judgment that contradicted the decision of the Ministry of Health and Welfare, saying, "In many circumstances, Mr. A cannot be said to have caused harm to others through his actions." "The acquisition of the sea that led to the accident seems to have been done by Mr. B alone or seems to have advanced ahead," said Mr. B, who drank alcohol unless there was a vigorous recommendation to drink alcohol or encouraged to snorkel after drinking. "It's hard to say that Mr. A put Mr. B in danger just because he didn't prevent him from going into the sea."

The fact that Mr. B was able to swim despite his discomfort was also the basis for this court decision. On the day of the accident, Mr. B is said to have rented snorkel equipment himself and swam 50 to 60 m several times over 20 minutes.

This is'News Pick'.

(Photo = Yonhap News)