1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) is a soldier or policeman killed in action in the War on December 16, 1950 and killed in action on April 27, 1951, and the plaintiff is the south of the deceased.

B. On August 28, 1961, the Plaintiff was registered as the bereaved family members of the soldiers and policemen killed in action and wounded in action, and received the bereaved family members of the soldiers and policemen killed in action under the Military Security Act (amended by Act No. 1054, Apr. 16, 1962; hereinafter the same shall apply) and the Military Aid Compensation Act (amended by Act No. 2726, Dec. 24, 1974; hereinafter the same shall apply). On January 2, 1971, the Plaintiff was discharged from the military register (hereinafter referred to as “instant expulsion”).

C. After that, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State was amended by Act No. 6339 on December 30, 200 (amended by Act No. 6372, Jan. 16, 2001; hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), Article 16-3 was newly established to ensure that allowances for children of soldiers and policemen killed in the Korean War shall be paid.

On May 25, 2017, the Plaintiff filed an application with the Defendant for registration as a bereaved family member of a person who has rendered distinguished services to the State. On June 21, 2017, the Defendant notified the Defendant that “the Plaintiff was determined as a bereaved family member of a person who has rendered distinguished services to the State, and an allowance for children of soldiers and police officers killed in action and police officers killed in action shall be paid retroactively from May 2017, the month to which the date of application for registration belongs,” (hereinafter

E. On October 12, 2017, the Plaintiff filed a civil petition with the Defendant seeking the payment of unpaid allowances from January 1, 2001 to April 30, 201, when the provision on the payment of allowances for children of soldiers and policemen killed in action under the Act on the Compensation for Military Employees, was first implemented. The Defendant, on October 16, 2017, limited the Plaintiff’s “bereaved family members of soldiers and policemen killed in action under the Military Employees Compensation Act to the minor,” and pursuant to Article 21 of the Military Aid Benefits Act (amended by Act No. 2401, Dec. 28, 1972; hereinafter the same), when the requirements for the payment of allowances for children of soldiers and policemen killed in action have ceased to exist.

Accordingly, the plaintiff reaches the majority on January 2, 1971.