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Court rules in favor of injured sailor's compensation claim

A navy rookie will receive state compensation of NT$17,340,000 (US$530,000) because improper training, inadequate first-aid facilities and failure to provide emergency treatment led to a near-drowning incident that left him in a vegetative state, a verdict announced by the Taipei District Court on Thursday said. The verdict has set a state compensation payment record.

Lin Hsuan-ting (林軒霆), 27, enrolled in the Navy in July 2004 and began floating training in the following month at a military training center in Tsoying, Kao-hsiung County.

On Aug. 1 of the same year, Lin was forced to do extra one-on-one training in deep-water with his training squad leader as punishment for lying down and resting at the poolside.

After three minutes of treading water, he was exhausted and sank to the bottom of the 3m deep pool.

During the trial, the navy claimed that Lin had a medical history of suffering from migraine and acute enterogastritis, so he must have drowned because of this reason, adding that he was immediately sent to the hospital after he was found.

The navy refused to offer compensation because Lin was a soldier, and not categorized as a member of the "general public" category in the National Compensation Law (國家賠償法).

However, the Taipei District Court on Thursday ruled that a drafted soldier should also be considered part of the general public and that the state should be responsible for protecting his life.

Hsu Ke-ming (徐克銘), a lawyer commissioned by Navy Command Headquarters, said he would review the verdict and discuss it with the military.
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