1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On May 22, 2016, the Plaintiff asserted that he/she was a ROKAF prisoner of war, and applied for registration of himself/herself as a family member of prisoners of war from the place of detention pursuant to the Act on the Repatriation and Treatment of ROKAF prisoners of war.

B. The Defendant rejected the Plaintiff’s application on June 2, 2016, on the ground that the identity of the deceased B as indicated in the application for registration and the personal information of the deceased B as indicated in the letter of personal guarantee and a certified copy attached to the application for registration are different. The deceased B according to the application for registration is not the same household as the Plaintiff, but there is no military register record of the deceased B based on a certified copy of the removed register.

(hereinafter “instant disposition”). 【The ground for recognition of the instant disposition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the entire pleadings

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. A lawsuit seeking a revocation of judgment on the main defense shall be brought within 90 days after the existence of the disposition is known, and within one year after the disposition is made;

(A) In full view of the purport of the entire pleadings in the statement of the evidence No. 5 of Article 20 of the Administrative Litigation Act, the defendant sent the written disposition of this case to the addressee on June 2, 2016 by registered mail.

In a case where a postal item was sent by means of registration and handling, barring counter-proofs as to the special circumstances, such as the loss of the postal item or return thereof, it may be presumed that it was delivered to the addressee at that time (see, e.g., Supreme Court Decision 2016Du60577, Mar. 9, 2017). Therefore, it is reasonable to deem that the instant disposition was served on the Plaintiff around that time

Therefore, the lawsuit of this case filed after the lapse of one year from the date of the disposition of this case as well as the elapse of 90 days from the date of the disposition of this case is inappropriate as it did not observe the period for filing the lawsuit, and the defendant's objection to the safety of this case

4. As such, the instant lawsuit is unlawful and dismissed.