비상이사망유족결정처분취소
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 deceased B (hereinafter “the deceased”) entered the Gun on June 19, 1968 and participated in the Vietnam War from October 29, 1969 to October 5, 1970, but was discharged from military service on May 22, 1971, and the plaintiff is the deceased’s spouse.
B. On May 22, 2002, the Deceased was registered as a person of distinguished service to the State who was recognized as having rendered distinguished service to the State under grade 7, 201 and 702 as “urine disease” (hereinafter “urine disease in this case”) as actual aftereffects of defoliants under Article 5(1) of the former Act on Support, etc. for Patients suffering from Actual or Potential Diseases (amended by Act No. 7875, Mar. 3, 2006).
C. On August 27, 2012, the Deceased complained of her head, and was transferred to C hospital on the same day (hereinafter “instant accident”). From that time, the Deceased died on June 6, 2017 when he/she was receiving medical treatment due to c hospital, Chungcheong University Hospital, Daejeon Veterans Hospital, D Hospital, etc.
The death diagnosis of the deceased is written by the person directly death of the deceased, and the cause of the preceding person’s death is indicated as “the blood transfusion” and “the blood transfusion and testamentary gift after the death.”
The plaintiff asserts that "the deceased was used as a donation from blood transfusion, caused cerebrovassis while suffering from her head, and during treatment, the deceased died with her parosis in the state where immunity function has been weakened due to the disease of this case during treatment." While applying for recognition of different types of death to the defendant on October 11, 2017, the defendant stated "189mg/dl" on the first day prepared immediately after the accident of this case, there is no evidence to deem that the deceased showed symptoms at the time of the accident of this case.
Therefore, there is no specific and objective data to prove that the deceased died due to the instant injury and disease. Thus, the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State was partially amended by Presidential Decree No. 23885, Jun. 27, 2012.