1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 23, 1966, the Plaintiff entered the Army and was discharged from military service on September 30, 1968, and was discharged from military service on October 18, 1967 due to a firearms accident that occurred on October 18, 1967, and was registered as a person of distinguished service to the State (Grade 3) and received veterans' benefits from that time.

B. The Defendant recovered 223,200 won from the Plaintiff and suspended the payment of veterans' benefits to the Plaintiff on the ground that the Plaintiff violated the principle of prohibition of double compensation by receiving damages under the State Compensation Act (593,103 won).

C. On February 3, 2017, the Supreme Court rendered a ruling to the effect that “it is not possible to refuse to pay veterans’ benefits, such as compensation, on the ground that the person received compensation under the State Compensation Act” (2015du60075), and accordingly, reversed and remanded (Seoul High Court 2017Nu119) is sentenced to the appellate court’s ruling to the same effect on May 10, 2017.

6. 2. Upon confirmation, on November 15, 2017, the head of the Gyeongnam branch of the Gyeongnam branch issued a guidance on the payment of veterans' benefits to the Plaintiff, stating that the Plaintiff would pay veterans' benefits within five years retroactively from June 2, 2017 and the amount of veterans' benefits deducted from the existing veterans' benefits retroactively.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. From February 13, 2015, the Plaintiff asserted that the Defendant began to pay the amount of veterans' benefits each month to the Plaintiff. Since the Defendant approved the existence of the obligation to pay veterans' benefits, the extinctive prescription period for the obligation to pay veterans' benefits was suspended on February 13, 2015 and calculated five years thereafter, the period of extinctive prescription for the obligation to pay veterans' benefits from February 2, 2010 to June 2012, the Defendant calculated at the rate of KRW 2,218,000 per month, which was unpaid to the Plaintiff.