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 September 2, 1987, the Plaintiff’s birthed B (hereinafter “the deceased”) entered the 306 Army Supplementary Team, and completed the training at the 8th Army Sick Education Team at the 8th Army, and served on October 19, 1987.

On August 12, 198, the deceased was found to have stringed 155m mnives on the 155m self-spaths on August 12, 198, and died after the hospital.

나. 군의문사진상규명위원회는 2008. 1. 23. 망인의 사망에 대하여 ‘망인은 소속대 전입 이후 보호관심사병으로 지정되었으나 선임병들로부터 수시로 수입봉, 겨눔대, 곡괭이 자루 등으로 폭행을 당하거나 각종 얼차려와 갈굼, 무시를 당하여 적응장애 현상을 나타내다가 점차 우울 상태가 심화되었고, 적절한 치료와 관리를 받지 못한 결과 그 정신병적 증상이 발현되어 사망에 이르게 되었다고 인정한다’는 내용의 진상규명결정을 하면서 국방부장관에게 망인의 사망구분에 관한 사항을 재심의할 것을 요청하였다.

C. On January 8, 2015, the Central Major Death Review Committee of the Ministry of National Defense made a decision that the deceased did not meet the requirements for death on duty in the attached Table 1 of the Directive on the Disposal of Persons of Former Construction (Ordinance No. 1691 of the Ministry of National Defense, August 28, 2014). On January 30, 2015, the Defendant notified the Plaintiff of the result of the said decision.

(hereinafter “Notification of this case”). [Ground of recognition] / Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on this safety defense

A. The notification of this case to the defendant's principal safety defense is merely to confirm the facts for administrative affairs following the death of military personnel, and does not directly affect the rights and obligations of the people, and thus does not constitute an administrative disposition subject to administrative litigation.

B. The administrative disposition subject to judgment is a specific matter under the public law of an administrative agency.