1. The plaintiff's claim is dismissed.

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

1. On August 1, 1950, the Plaintiff participated in the 625 War in the Army as Staff sergeant, and claimed the Defendant to pay the amount of soldier’s death benefits on April 15, 2013.

However, on April 25, 2013, the Defendant notified the Plaintiff on the ground that “B’s notification of death was made on or before February 1, 1957 on the removal of the certified copy of the death report,” and that the Plaintiff’s claim for the death benefits of the Plaintiff cannot be paid the amount of the soldier’s death benefits on or after the lapse of five years from the date of receipt of the death notification.”

(hereinafter “instant disposition”). The Plaintiff filed an administrative appeal against the instant disposition with the Administrative Appeals Commission, but was adjudicated on November 26, 2013 to dismiss the Plaintiff’s claim for administrative appeal.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. From the standpoint of the purport of the Plaintiff’s assertion, it was difficult to objectively understand the death of the war dead, unless the State formally notified the death of the war dead.

Therefore, the extinctive prescription of the instant claim for the death benefits of soldiers ought to run from February 18, 2013, which is the date on which the Plaintiff officially confirmed the death by the State, and thus, the extinctive prescription of the claim for the death benefits of soldiers has not yet expired.

Nevertheless, the extinctive prescription of this case is unfair on the ground that the extinctive prescription of the claim for death benefits of the soldier of this case has already expired since before the date of the filing of the death report by the certified copy of the war dead.

3. Determination

A. The provision on the death benefits for soldiers enacted by Presidential Decree No. 455 of Feb. 28, 1951, which was after August 1, 1950 when the issues of the instant case B died, is stipulated in Article 1, and where the officer candidates and military personnel of the Army and Navy died due to a cause not attributable to gross negligence among soldiers killed in action, soldiers killed in action, or military service, it is stipulated in the attached Table.