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 “a punishment B was received education and training for performing North Korea’s dispatch from around 1963 to 1965” and filed an application for payment of compensation with the Defendant on June 10, 2014 pursuant to Article 10(1) of the former Act on the Compensation for Persons who performed Special Military Missions (amended by Act No. 12907, Dec. 30, 2014; hereinafter “Specialized Compensation Act”).

B. On April 12, 2017, the Defendant rendered a decision to dismiss the application for payment of the above compensation (hereinafter “instant disposition”) to the Plaintiff pursuant to Article 2(1)2 and (2) of the Act on the Compensation for Persons who performed Special Military Missions and Article 4(1)2(b) of the Enforcement Decree of the Act on the Compensation for Persons who performed Special Military Missions (amended by Presidential Decree No. 22460, Oct. 27, 2010; hereinafter “Enforcement Decree of the Specialized Child Compensation Act”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B was conducted not only by receiving education and training from the Army intelligence unit from around 1963 to 1965 but also by performing a special mission with C, which is a dynamic. As such, B constitutes a person who performed a special mission under the Special Child Compensation Act.

The instant disposition taken on a different premise is unlawful.

(b) Entry in the attached statutes of the relevant statutes;

C. 1) Article 2 of the Special Child Compensation Act defines the term “the person who performed a special military mission or received education and training related thereto” as the term “the person who performed a special military mission” used in the Special Child Compensation Act, and delegates necessary matters concerning the determination of the person who performed a special military mission to the Presidential Decree (Article 2(1)2) (Article 4(2) of the Enforcement Decree of the Special Child Compensation Act).