7급비상이사망유족결정처분취소
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 Navy on October 2, 1967 and participated in the Vietnam War on September 29, 1970, but died on March 23, 2014, and the Plaintiff is the wife of the deceased.
B. On April 9, 2014, the Plaintiff asserted that the deceased died from her Hemal heart disease and urine disease, which was used in Vietnam, and filed an application with the Defendant to recognize the deceased as the deceased who died due to the cause of injury and injury under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the deceased”).
C. On October 13, 2014, the Defendant rendered a decision-making disposition on the part of the Deceased (hereinafter “instant disposition”) on the ground that specific and objective medical data were not verified that the Deceased died from her Hemal heart disease and urology disease.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the deceased was suffering from her Hemal heart disease and urine disease due to defoliants used in Vietnam War, and died of cerebral typhism that occurred while being hospitalized due to her Hemal heart disease, a merger by urology, etc.
The cause of the deceased’s direct death is brain chronology, but the deceased died due to cerebral chronology and urine disease. As such, the deceased falls under the deceased’s death.
Nevertheless, the defendant's disposition of this case which did not recognize the deceased as a wounded deceased is unlawful.
B. The deceased, such as the treatment process and the process of death of the deceased, was recognized, on March 2006, and around March 2013, the 7th disability rating was determined by the Defendant, on the ground that he was recognized as defoliants’s aftermathy used in the Vietnam War and was determined by the 7th grade 702.
The Deceased shall be around 203.