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(영문) 인천지방법원 2014.01.14 2013구단649

국가유공자 및 보훈보상대상자 등록거부처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 19, 1971, the Plaintiff was discharged from military service on July 31, 1983, as Second Lieutenant to the Army.

B. From November 28, 1971, the Plaintiff was so-called, and worked in the preliminary solidarity in the area adjacent to the Southern Limit Line (GOP) of the Madon Cable (DMZ) in the Army 10th of the third company group 18th to B, and performed the work of spraying defoliants, which is a deadly toxic agents, for about one month from May 1, 1972 to June 28, 1972. At the time of being exposed to defoliants, the Plaintiff claimed that the disease, high blood pressure, geographical hemopsis, brussis, chronology, brain fluorosis, Athythymosis, the sub-fluoral stem, the sub-fluoral stemsis, and the application for registration was filed with the Defendant on November 28, 2012.

C. Accordingly, on April 2, 2013, the Defendant rendered a decision on whether a person was eligible for distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there was no specific and objective data to verify the details and names of the instant wounds to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1 and 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition that the Plaintiff decided not to be a person who rendered distinguished services to the State or a person eligible for veteran’s compensation solely on the ground that there was no relevant data, despite the occurrence of the instant wounds caused by the aftermath of defoliants, by spraying defoliant containing about 45 days “Daok” in the Southern Limit Line of the Bed Zone, pursuant to the order to take the lead in the construction of the beginning work to secure the camping of the soldiers who were on the duty of guard and the construction of the miter.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the purport of the entire pleadings, the Plaintiff’s statement (including a serial number) 1, 3, 6, 7, and 13 as a whole during the military service from December 5, 1971 to April 16, 1973.