고엽제후유증환자유족등록거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 9, 1970, the Plaintiff’s husband B (hereinafter “the deceased”) transferred military service to the Army on May 9, 1970, and was discharged from military service on March 22, 1973 after the Vietnam War, and died on April 23, 1993.
B. On May 15, 2013, the Plaintiff asserted that the deceased died of an actual aftereffects of defoliants as the “malutical mar cancer and waste cancer,” and filed an application for registration of the bereaved family members of patients suffering from actual aftereffects of defoliants, but the Defendant rendered a decision on February 20, 2014 on the ground that objective medical data was not verified.
C. On February 12, 2015, the Plaintiff filed an application for registration of the bereaved family members of patients suffering from actual aftereffects of defoliants with the following grounds: (a) the Deceased died of the deceased as “dubbal flachial am, fire extinguishing machine cancer, scopic scopic scopic scopic scopic scopic scopic scopic scopic sp
On February 16, 2015, the Defendant rendered a decision to dismiss the application for registration of bereaved family members suffering from actual aftereffects of defoliants (hereinafter “instant disposition”) on the ground that the instant difference against the Plaintiff was not an actual aftereffects of defoliants but merely an actual aftereffects of defoliants.
[Ground of recognition] Evidence No. 1, Evidence Nos. 1 to 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased participated in Vietnam War but died of the instant wound, and thus, the Plaintiff constitutes a bereaved family member of the patients suffering from actual aftereffects of defoliants, but the Defendant’s disposition in this case is unlawful.
B. In order for the Plaintiff to be a bereaved family member of patients suffering from actual aftereffects of defoliants, it should first be applicable to cases where the deceased died of actual aftereffects of defoliants as stipulated in each subparagraph of Article 5(1) of the Act on Assistance to Patients from Actual aftereffects of defoliants, Etc. and Establishment of Related Associations (hereinafter “PS Act”). However, the instant wounds claimed by the Plaintiff are potential aftereffects of defoliants as stipulated in each subparagraph of Article 5(2) of the Act.