1. Revocation of a judgment of the first instance;

2. On January 30, 2015, the Defendant issued a notification of the determination on the Plaintiff’s death on January 30, 2015.

1. The court's explanation on this part of the basic facts is the same as the written judgment of the court of first instance. Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. It is as stated in the relevant laws and regulations attached thereto.

3. Whether the lawsuit of this case is legitimate

A. The Defendant’s main 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 treatment in the military, and does not directly affect the specific rights and obligations of the people. As such, the instant notifications cannot be deemed a disposition that is the object of appeal litigation. Therefore, the instant lawsuit is unlawful as the subject of appeal is not recognized. Therefore, the determination of the classification of death of a soldier is based on the authority of the Minister of National Defense, and the Defendant merely served as a mere notification of such fact. Thus, the Defendant of the instant lawsuit must be the Minister

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) A disposition that is subject to appeal litigation is not a disposition related to a defense that is not a disposition. The term “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” means “the exercise or refusal

(1) Article 2(1)1 of the Administrative Litigation Act provides that an administrative agency’s act may be subject to appeal litigation cannot be determined abstractly and generally. 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. The content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of such act, and the other party’s act.