1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. The deceased C entered the Army on July 6, 1949 and participated in the Korean War on July 20, 1951, and died on July 22, 197.

B. On November 12, 2007, the deceased C’s wife, filed an application for registration of a person of distinguished service to the State on November 12, 2007, and the Defendant on June 12, 2008 recognized “dubsm malm mar and mar marm marm mar,” but did not fall under the requirements for registration of persons of distinguished service to the State, and determined as class 7 or 401 as a result of the physical examination

C. On June 19, 2014, the Plaintiff, as a member of the deceased C, filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on the ground that the period for filing an administrative appeal was expired on July 22, 2014.

On October 15, 2014, the Plaintiff filed the instant lawsuit seeking revocation on the ground that the instant disposition was unlawful.

[Reasons for Recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleading

2. Determination on the defense prior to the merits

A. The Defendant’s instant lawsuit is unlawful since it was filed with the lapse of the filing period.

나. 관계 법령 ▣ 행정소송법 제20조(제소기간) ① 취소소송은 처분등이 있음을 안 날부터 90일 이내에 제기하여야 한다.

In cases provided for in the proviso to Article 18 (1) and other cases where an administrative appeal may be filed, or where an administrative agency has mistakenly notified that a request for administrative appeal may be filed, the period during which such request for administrative appeal is filed shall be reckoned from the date when the authentic copy of

(2) A litigation for revocation shall not be instituted after the lapse of one year (in cases falling under the proviso to paragraph (1), one year from the date the adjudication is made) from the date of the disposition, etc.

Provided, That this shall not apply where justifiable grounds exist.

(3) The period prescribed in paragraph (1) shall be a peremptory term.

C. On June 12, 2008, the disposition date of this case was far more than one year thereafter.