상이사망 인정거부처분 취소청구
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 August 19, 1965, the deceased B (hereinafter “the deceased”) entered the Army and served in the Vietnam War from March 20, 1968 to April 29, 1969, and discharged from the military on May 3, 1969. On July 29, 2008, he recognized that the urology fell under the requirements as actual aftereffects of defoliants (hereinafter “the instant wound”). As a result of the physical examination, he was judged as Grade 7 No. 202 of the disability rating as to “urine urine urology” as an actual aftereffects of defoliants.
B. On April 25, 2013, the deceased died of a direct death as the suspension of cardiopulmonary function, and the preceding death of the deceased, liver cancer, urology, and high blood pressure. On May 10, 2013, the Plaintiff, the spouse, filed an application for deliberation on the death of the deceased after reporting the changes in the deceased’s status. However, on August 27, 2013, the Defendant issued a refusal disposition to recognize the death of the deceased (hereinafter “instant disposition”) on the ground that “the deceased cannot be deemed as having died of the deceased’s direct cause”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on November 21, 2013, but the said claim was dismissed on December 24, 2013, and received the relevant written adjudication on January 14, 2014, and filed the instant lawsuit on April 9, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 7, 8, 9, Eul evidence 1, 4 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased was exposed to defoliant in Vietnam died of the instant wound, high blood pressure, liver cancer, etc. on April 25, 2013, and died of the instant wound, which was actual aftereffects of defoliants, or the liver cancer caused thereby, and thus, the instant disposition made on a different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. In the medical examination of recognized wounds and that there is no comprehensive assessment of the degree of injury between the urology and the urology of urology: A physical examination conducted at the Busan Veterans Hospital of 7th and 202 for the injury of the deceased.