1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s summary of the Plaintiff’s assertion (hereinafter “the deceased”) participated in the Korean War and was killed on September 1, 1951.

Therefore, the defendant should pay 21,749,770 won to the plaintiff, a bereaved family member of the deceased, as compensation for death pursuant to the Military Pension Act enacted on January 28, 1963.

2. Determination on the defense prior to the merits

A. The defendant's lawsuit of this case constitutes a party litigation under the Administrative Litigation Act, and the defendant's lawsuit of this case is unlawful as it has no standing to be a party.

B. First of all, according to the main text of the former Military Pension Act (amended by Presidential Decree No. 1260, Nov. 10, 1953), the Military Pension Act, except for the retirement pension, applies only to retirement or death after January 1, 1963, and the former Military Pension Act, notwithstanding the provisions of the Military Pension Act, provides that a person whose right to receive benefits is not confirmed at the time of the enforcement of the Military Pension Act, shall be governed by the previous precedent. Thus, in relation to the payment of the deceased’s death benefits, the former Military Pension Act (amended by Presidential Decree No. 831, Nov. 10, 1953; Presidential Decree No. 831, Nov. 10, 1953; Presidential Decree No. 12660, Oct. 21, 195), the former Military Pension Act’s provision on death benefits for soldiers (amended by Presidential Decree No. 831, Nov. 28, 1963; Presidential Decree No. 220100, Oct. 21, 2195).

Therefore, the bereaved family members who intend to receive the death benefits of soldiers under the relevant provisions, such as the former Military Death Benefits Rules, shall first apply for the payment of benefits to the head of the competent administrative agency, and the head of the competent administrative agency shall refuse or partially recognize the payment.