1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The issues of the instant case and the judgment of the court of first instance

A. On August 1, 1950, the key issue of the instant case: (a) the Plaintiff’s death benefit to the Defendant on April 15, 2013, who participated in the 625 War as the Army Staff; and (b) on August 1, 1950, the Plaintiff claimed payment of the soldier’s death benefit to the Defendant.

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, which was a certified copy of the removal 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 key issue of the instant case is whether the Plaintiff’s right to claim death benefits has expired by prescription.

B. The judgment of the court of first instance does not have any evidence to directly verify whether the State issued the deceased’s death notice to his bereaved family member in this case. ① The record card of the deceased’s father (“C”) stated that it was notified of the confirmation of the former construction work under No. 15125 on January 8, 1957. Since February 15, 1983, the death of C paid the Plaintiff KRW 253,200,000 for lump-sum death payment, and KRW 42,00 for non-receiving compensation. ② The part “B” in the certified copy of C’s document stating “B” as “the head of Australia on August 1, 1950, 1957,” ③ It appears objectively to have known that the deceased’s family member was registered as the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased family member’s deceased family member.