1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff’s status 1) B died on January 17, 1986, which was a beneficiary of the Military Pension Act, as a beneficiary of the Military Pension Act. Since then, the deceased B (hereinafter “the deceased”).

C) The spouse of C is receiving the survivors’ pension under the Military Pension Act (No. 3 and No. 5) (the evidence 2). The Plaintiff is the father of B, and is the disabled of the first degree with delay disability.

(Evidence A, 4, 5, 9). (b)

Where a person who was a soldier entitled to receive a retirement pension, such as a plaintiff's claim for a survivor pension and notification of non-existence of entitlement to a survivor pension, fails to file an application for a survivor pension before five years elapse from the death ( January 27, 1986), the entitlement to a survivor pension shall expire after the statute of limitations expires.

In short, materials proving that the Plaintiff was a disabled child at the time of the deceased’s death are insufficient.

1) On September 10, 2018, the Plaintiff filed a claim with the Defendant for a survivor pension as “child with disability at the time of the deceased’s death.” However, on September 12, 2018, the Defendant revised some expressions to help the Plaintiff understand the purport stated in the next written box. On the grounds, the Plaintiff’s notice of non-existence of entitlement to the survivor pension (hereinafter “instant disposition”).

(A) On October 10, 2018, the Plaintiff filed a request for review with the Military Pension Benefit Review Committee for revocation of the instant disposition. However, the said request for review was dismissed on January 21, 2019.

(A) Evidence Nos. 2 and 3. [Grounds for recognition] 1 through 5, 9, and 1, each entry of Evidence No. 1, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion was that at the time of the deceased’s death, the Plaintiff’s entitlement to bereaved family benefits was not extinguished by prescription. The instant disposition taken on a different premise should be revoked as unlawful.

3. Whether the instant disposition is lawful

A. The contents of the relevant laws and subordinate statutes and the issues thereof are summarized as follows: the former Military Pension Act (amended by Act No. 3957, Nov. 28, 1987).