Court: Impulsive suicidal behavior in a state of depression must be paid by insurance

The court ruled that even if a person took his or her own life due to depression, insurance money must be paid if the person was not in a free decision-making state.

According to the legal community on the 3rd, the Seoul Central District Court ruled in favor of the plaintiff in a lawsuit filed against the insurance company by the surviving family of Mr. A, who committed suicide last September.

In 2017, Mr. A signed an insurance contract with himself as the insured and the legal heir as the beneficiary of the death benefit. At the time, the contract contained a clause that insurance money would not be paid if the insured intentionally harmed himself, but that an exception would be made if the insured was unable to make free decisions due to mental or physical loss. Five years later, Mr. A committed suicide.

Mr. A's surviving family applied for death insurance money from the insurance company, but the payment was rejected. Although Mr. A was intoxicated at the time, considering the fact that he prepared the suicide tool himself, he was not in a state where he could not make a free decision.

Accordingly, the bereaved family filed a lawsuit. Mr. A claimed that he had suffered from depression for a long time and was suffering from extreme stress due to a lawsuit with his brother. In addition, while discussing the lawsuit with his family, an argument broke out and the police were dispatched, and he emphasized that he was anxious that this would become known at work.
The court ruled in favor of the bereaved family. The court said, “The deceased drank alcohol while taking drugs while in a very mentally difficult state, including going through a lawsuit with his family of origin before the accident,” and added, “The deceased’s violent behavior at the time showed that he was unable to control his impulses after drinking, and the risk of committing other impulsive acts was high.”

He added, “In this situation, it is reasonable to believe that the deceased committed suicide impulsively due to anxiety, regret, and despair,” and added, “Therefore, it cannot be said that the deceased chose to commit suicide after deliberation in a state of free decision-making.”

Attorney Kim Young-min of Daeryun Law Firm, who represented Mr. A, explained, "Whether or not the person was unable to make free decisions is determined by comprehensively considering the physical and mental situation of the suicide, the time and degree of onset of mental illness, and the surrounding circumstances at the time."

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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Court: “Impulsive suicidal behavior in a state of depression must be paid by insurance” (Shortcut)