1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On March 28, 1985, the Plaintiff’s spouse deceased B (hereinafter “the deceased”) was appointed as Second Lieutenant in the Navy, and on May 1, 2014, the Plaintiff’s spouse was promoted as First Lieutenant, and served as the former part of the Navy from May 2, 2014 (hereinafter “C leaflet”).

B. At around 22:00 on August 11, 2016, the Deceased’s leave period (from August 11, 2016 to August 13, 2016), around 22:0 on August 11, 2016, while driving a bicycle on the five-lane road in front of the E box located D at the time of the racing at the port of the port at the port of the racing, the bicycle was driven by the rear wheel part of the bicycle on the front right part of the car, and the bicycle was turned over to the road. Then, the bicycle was over the front part of the other car that was followed by the latter, and died due to the damage of the two parts and chests.

(hereinafter referred to as “instant accident”). C.

The Plaintiff asserted that the deceased died while performing official duties and claimed the payment of the survivors’ pension on duty to the Defendant.

However, the Defendant rendered a provisional decision on the payment of the deceased’s pension on duty on the ground that it cannot be deemed that the deceased died during the performance of official duties, and notified the Plaintiff on June 5, 2017.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1 to 5; Eul evidence 1; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was in an accident during the performance of official duties under the main sentence of Article 4-2 subparag. 1 of the Enforcement Decree of the Military Pension Act, the deceased used leave from August 11, 2016 to August 13, 2016, the deceased was waiting in the mission to direct operations even during the leave period.

The Deceased instructed his leader to report important matters without any burden at any time before leaving his leave. On August 11, 2016, the Deceased received a report from the operational plan and the head of the 17:27 Operational Plan of August 11, 2016 on matters related to the tea force inducement project. On the same day, the Deceased received the results of discussions from the Head of the Strategic Planning Headquarters of the Joint Chiefs of Staff as text messages from the head of the 18:27 Operation Team, and thus, the Deceased was the deceased.