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 non-party B (CB, No. : D; hereinafter “the deceased”) was killed on February 8, 1951 during the 625 War.

B. On March 24, 2017, the Plaintiff filed a claim against the Defendant for compensation for death for the death of a soldier against the deceased. On April 24, 2007, the Defendant confirmed from the Army Headquarters that he/she issued a written confirmation of death to E, who is his/her birth, and, in the case of the Plaintiff, notified the Plaintiff of the decision to dismiss the Plaintiff’s claim for compensation for death of a soldier on the ground that the extinctive prescription has expired five years after the date of receipt of the death notice (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap 2, 11, Eul 1, and 2

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was killed in action at the time of the 625 War, he did not properly notify his parents, and was buried in the National Cemetery for 55 years since the name of the war dead was mistakenly entered in the grave name due to the State’s mistake. According to the provision on the death benefits for soldiers in around 2006, his sibling was notified that he was not eligible for the bereaved family, and even after the amendment of the Act was made, he did not notify his bereaved family of the fact that he was subject to the bereaved family, the Defendant’s disposition of this case by citing the five-year extinctive prescription provision is very improper and it cannot be allowed as it constitutes abuse of rights

(b) as shown in the attached Form of the relevant statutes;

In addition, the criteria and history of compensation for death of soldiers, and the details of changes in the scope of bereaved family members are as follows:

(1) The enactment of the Military Personnel Death Benefits Regulations (hereinafter referred to as the "Military Death Benefits Regulations") on October 28, 1951 - 1st order of bereaved family members.