The judgment below is reversed, and the plaintiff's appeal is dismissed.

Costs of lawsuit after an appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

1. Whether a certain act of an administrative agency is not a subject of appeal cannot be determined abstractly and generally. An administrative disposition is an enforcement of law with regard to specific facts conducted by an administrative agency as a subject of public authority, which directly affects the rights and obligations of the people. In mind, it shall be determined specifically and individually by taking into account the content and purport of the relevant Acts and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law, the attitude of the administrative agency and interested parties related to the act

(See Supreme Court en banc Decision 2008Du167 Decided November 18, 2010). 2. (1) According to the reasoning of the first instance judgment cited by the lower court, the following facts are revealed.

① On September 2, 1987, the Plaintiff’s dynamics net B (hereinafter “the deceased”) was found to have been dead on August 12, 198 by the string of 15 meters away from the 155m string on August 12, 1988, while serving as the Army for the Army.

② 군의문사진상규명위원회는 2008. 1. 23. ‘망인은 소속대 전입 이후 보호관심사병으로 지정되었으나 선임병들로부터 수시로 폭행을 당하거나 각종 얼차려와 갈굼, 무시를 당하여 적응장애 현상을 나타내다가 점차 우울 상태가 심화되었고, 적절한 치료관리를 받지 못한 결과 그 정신병적 증상이 발현되어 사망에 이르게 되었다고 인정한다’는 내용의 진상규명결정을 하면서 국방부장관에게 망인의 사망구분에 관하여 재심의할 것을 요청하였다.

③ On January 8, 2015, the Central Major Death Review Committee of the Ministry of National Defense shall meet the requirements for death on duty in attached Table 1 of the Directives on the Disposal of Persons of the Former Construction Work (Ordinance No. 1691, Aug. 28, 2014; hereinafter “instant Directives”).