1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence Nos. 1, 2, and 3-1 to 3, and the whole purport of the pleadings:

The plaintiff's attached B(hereinafter referred to as "the deceased") served as a second class sergeant from the 11st History 9 at the time of the 625 War, and was injured by the time of 1953.

B. On December 1, 1953, the Deceased continued to be hospitalized in the same hospital after being performed at the Water Supply and Military Hospital on December 1, 1953. On November 15, 1954, the Deceased’s remains were dissected at the Seoul Burialhouse on November 17, 1954.

C. Meanwhile, in the report on the cremation of the deceased (No. 3-3 of the evidence A), the official seal “the body seal” is affixed to the body seal of the deceased, and both the place of acceptance and the part of the claimant are blanks. The bereaved family members of the deceased did not receive the remains of the deceased, and since that time, the remains of the deceased cannot be identified until that time.

2. Whether a claim for damages has occurred or not, the plaintiff, a grandchild of the deceased, has the right to manage the deceased's grave, preside over the deceased's grave, and seek the delivery of the remains in order to commemorate them. Thus, the defendant, who was in custody after cremation of the deceased, has the duty to deliver the remains of the deceased to the plaintiff. According to the above facts of recognition, the defendant shall be deemed to have committed an unlawful act that did not properly deliver them to the bereaved family, and this constitutes a tort against the plaintiff. Thus, the defendant shall be liable for the plaintiff's damages due to such unlawful act, barring any special circumstances.

3. Whether the right to claim damages is limited or extinguished.

A. As to the assertion that this falls under the proviso of Article 2(1) of the State Compensation Act, the Defendant may receive compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State as the bereaved family members of the deceased.