국가유공자 및 보훈보상대상자 요건 비해당 결정처분취소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) entered the Army on January 27, 1951 and died on May 25, 1964 after discharged from the military on December 31, 1963. The plaintiff is the deceased’s spouse.
B. On May 16, 2016, the Plaintiff filed an application with the Defendant for registration of bereaved family members of persons who have rendered distinguished services to the State on the ground that “the deceased was judged as cancer by the Seoul Water Hospital in 1963 and did not receive proper medical treatment, but was transmitted to the Sightseeing Hospital, and died after the discharge of the sick.”
C. On August 8, 2016, the Defendant rendered a decision that: (a) on the ground that: (b) the deceased was hospitalized under the diagnosis of “the chronic, chronic, chronic, and chronic, chronic,” the deceased’s death within two years after discharge; (c) the objective data the deceased was diagnosed and administered as a cause of a disease during military service; and (d) the relevant data were not verified to prove that the deceased died; (b) there was no objective data or medical opinion to recognize that the disease in the instant case was caused by the military service or that the disease was rapidly aggravated due to the natural progress; and (c) on the ground that there was no verification of objective data or medical opinion to recognize that the disease in the instant case was caused by the performance of military service or that there was a rapid aggravation of the natural progress, the Defendant did not meet all the requirements for “the M&D” or “the Act on the Support for Persons Eligible for Veteran’s Compensation for M&D” under Article 2(1)6 of the Act on the Honored Persons of Distinguished Service.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1, 2, and 3 evidence, Eul’s 1, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. Although the Plaintiff’s assertion did not have any abnormal health before entering the military, the injury to the instant case was caused by excessive military service and stress, etc.