1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff asserted that “the Plaintiff entered the Air Force Information Bureau of August 29, 1950, received special training from September 6, 1950 to November 8, 1950, and applied for the payment of compensation to the Defendant on April 18, 2016 pursuant to Article 10 of the Act on the Compensation for Persons of Special Military Services (hereinafter referred to as the “Specialized Persons Compensation Act”) by getting out and infiltrating a fallen mountain at the House of the Haak-do on December 5, 1950, and returning a fishing vessel to the port of the East Sea to an implied defense and returning it to the port of the East Sea to an implied defense, thereby reporting the intelligence activities on January 14, 1951.”

B. On January 30, 2018, the Defendant dismissed the above application in accordance with Article 2(2) of the Special Child Compensation Act and Articles 3 and 4(1)1 of the Enforcement Decree of the same Act, on the ground that “the Plaintiff has served in the 20 special military police unit in the Air Force Information Bureau from August 29, 1950 to September 5, 1955, but the period for performing the special duties claimed by the Plaintiff is prior to May 15, 1951, which is the date of the establishment of the Air Force intelligence unit.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Since Article 2 of the Plaintiff’s Act on the Compensation for the Specific Child, Article 2 of the Enforcement Decree of the same Act, and Articles 2 and 3 of the Enforcement Decree of the same Act violate the Constitution for the following reasons, the instant disposition based on such violation should be revoked

1) Article 2(1)2 and (2) of the Act does not limit the matters and scope delegated to the Presidential Decree, and as a general and comprehensive delegation of legislative power, it violates the principle of prohibition of comprehensive delegation. (2) Article 2(1)2 of the Act and Article 2 of the Enforcement Decree of the Act on the Compensation for Specific Persons and Article 2 of the Enforcement Decree of the same Act, even though they are not affiliated with the military intelligence unit, military personnel who were affiliated with, or were affiliated with, a foreign military unit or a military unit, which was formed before the creation of a military intelligence unit, and engaged in military ties, etc.