고엽제후유증환자유족등록거부처분취소
1. The Defendant’s rejection disposition against Plaintiff A on September 30, 2014 against the bereaved family members of patients suffering from actual aftereffects of defoliants shall be revoked.
2...
1. Details of the disposition;
A. On April 15, 1964, Plaintiff A’s husband’s net F (hereinafter “the deceased”) entered the Army and participated in Vietnam from October 25, 1965 to August 28, 1966, and died on April 20, 201 after having been discharged from military service on November 5, 1966.
B. On April 29, 2014, Plaintiff A filed an application for registration with the bereaved family members of patients suffering from actual aftereffects of defoliants under Article 8(1) of the Act on Assistance to Patients A and Establishment of Related Associations (hereinafter “The Act”).
C. On September 2, 2014, the Board of Patriots and Veterans Entitlement decided on September 2, 2014 that “the deceased’s cause of death was confirmed as suicide presumption and thus cannot be deemed a deceased’s death as actual aftereffects of defoliants.” Accordingly, on September 30, 2014, the Defendant rejected the Plaintiff’s refusal to register the bereaved family of the patients suffering from actual aftereffects of defoliants to the effect that “the deceased was determined as not the deceased’s death as a result of the Veterans Review Committee’s determination, and thus, the Plaintiff is determined as non-eligible
(hereinafter “instant disposition”) D.
Plaintiff
B, C, D, and E are the offsprings of the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 5, and 6 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased died from around January 2005, when he was administered as an actual aftereffects of defoliants, and around January 2009, he aggravated the conditions such as the outbreak of waste cancer, and accordingly, he was committing suicide under a situation beyond normal free will because he was receiving physical and mental suffering of the end-of-life cancer and his family’s growth. Thus, even if the deceased committed suicide, as long as the direct and significant cause of the suicide that led the deceased was an actual aftereffects of defoliants, the deceased died of the end-of-life cancer, the actual aftereffects of defoliants.