1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 1, 2012, the deceased B (hereinafter referred to as “the deceased”) was appointed as the so-called “The Army,” and on June 28, 2012, as the CJ 3 Central District Chief.

On July 15, 2013, the Deceased returned to his accommodations around 23:50, while drinking alcohol while drinking alcohol together with the first F, among the first F, the chief of the Gun department D, the first E, and the second B, the second B, the second B, the second B, and the second B, the deceased.

As the deceased did not work on the following day, he/she found the deceased’s accommodation at his/her night G on his/her own, and found the deceased who died after being used in his/her accommodation on the floor of the kitchen.

Although the autopsy on the deceased was conducted, the accurate private person was not revealed, but it was found that the possibility of acute funeral by an indeption could not be ruled out completely.

On November 22, 2013, the Plaintiff filed a claim against the Defendant for the payment of a survivor pension pursuant to Article 26(1)3 of the Military Pension Act by asserting that he/she died on official duty as the mother of the Deceased, but the Defendant rendered a decision on the payment of the survivor pension (hereinafter “instant disposition”) on January 27, 2014 on the ground that it is difficult to deem that the Deceased died on official duty.

On April 9, 2014, the Plaintiff filed a request for review with the Military Pension Benefits Review Committee (see Article 5(1) of the Military Pension Act). However, the Military Pension Benefits Review Committee dismissed the Plaintiff’s request on July 4, 2014. The foregoing dismissal decision was notified to the Plaintiff on the 14th day of the same month.

[Based on recognition, Gap evidence Nos. 1, 2, 3, 7, 9, 10, and 11 were written, and the purport of the entire pleadings is legitimate, and the plaintiff's assertion as to the legitimacy of the disposition of this case was made once a week from July 2013, in addition to performing fundamental duties such as military force management as a small commander, the watch keeping service has been increased by two times a week from July 2013, and as a small commander, the watch keeping service has continued to undergo various trainings.