In light of the purport and contents of each provision of the former Act on the Compensation for Persons of Special Military Missions (amended by Act No. 7978 of Sep. 22, 2006; hereinafter “Act”) and the former Enforcement Decree (amended by Presidential Decree No. 20041 of May 2, 2007; hereinafter “Enforcement Decree of the Act”), the provisions of Article 2 (Definitions), Articles 2 (Definition), 3 (Scope of Application), and 4 (Determination of Persons of Special Military Missions) cannot be deemed to have been immediately determined as eligible persons of special military missions, solely on the basis of the provisions of Article 2 (Definitions of the Act, Articles 2 (Definition of the Enforcement Decree of the Act, 3 (Scope of Application), and 4 (Determination of Persons of Special Military Missions) that have made a special sacrifice for the nation and their bereaved family members. Accordingly, the Committee’s determination of the person eligible for compensation can only be determined as eligible persons of special military missions after deliberation and resolution of the Committee. Accordingly, the Committee’s determination of the person eligible for compensation cannot be revoked.

Nevertheless, the lower court determined otherwise on the premise that the instant lawsuit seeking direct payment of compensation, etc. against the Defendant was lawful. In so doing, the lower court erred by misapprehending the legal doctrine on the disposition of the Committee’s decision or the form of lawsuit, thereby adversely affecting the conclusion of the judgment. In this regard, the lower judgment cannot be maintained.

Therefore, without examining the grounds of appeal, the judgment of the court below is reversed ex officio, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)