1. Revocation of a judgment of the first instance;

2. On June 2, 2015, the Defendant issued a notification of the determination on the death allowance to the Plaintiff.

1. The court's explanation of this part of the basic facts is the same as that of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the lawsuit of this case is legitimate

A. The Defendant’s principal safety defense 1) The classification of death of a soldier is in accordance with the directives of the Ministry of National Defense, which are the directives of the Ministry of National Defense, which are the administrative rules, for the convenience of internal administrative processing in the military, and does not directly affect the specific rights and obligations of the people. Thus, the instant notification cannot be deemed a disposition that is the object of appeal litigation, since the instant lawsuit is not subject to the revocation of administrative dispositions taken by the administrative agencies. Therefore, the determination of the classification of death of a soldier is unlawful. The Defendant merely served as a notice of such fact, and thus, the Defendant of the instant lawsuit ought to be the Minister of National Defense who made a decision corresponding to the disposition of death on duty

Therefore, the lawsuit of this case filed by the Army Chief of Staff as the defendant is unlawful because it is not recognized as the defendant.

B. 1) With respect to a defense that a disposition is not a disposition, a disposition that is the object of an appeal litigation means “the exercise or refusal of public authority as an enforcement of law with respect to a specific fact by an administrative agency, and other corresponding administrative actions”

(Article 2(1)1 of the Administrative Litigation Act. The issue of whether an administrative agency’s act can be subject to appeal cannot be determined abstractly and generally, and in specific cases, an administrative disposition is a law enforcement with respect to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people, with the mind that it is an act that directly affects the rights and obligations of the people. The contents and purport of the relevant Act and subordinate statutes, the subject