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(영문) 수원지방법원 2015.08.26 2014구단1899

고엽제후유증 환자유족등록거부처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 24, 1967, the Plaintiff’s husband B (hereinafter “the deceased”) entered the military on January 24, 1967, and was discharged from military service on November 3, 196 on May 5, 196 after having participated in the Vietnam War.

B. As the Deceased died on December 11, 201, on February 14, 2012, the Plaintiff rendered an application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants pursuant to Article 8(1) of the former Act on Assistance to Patients suffering from Actual aftereffects of defoliants (amended by Act No. 11600, Dec. 21, 2012; the name of the said Act was changed to the Act on Assistance to Patients suffering from Actual aftereffects of defoliants, etc. and the establishment of related associations; hereinafter the same shall apply) on the ground that the Deceased’s death occurred in Vietnam War, and then, the Plaintiff rendered a decision on February 13, 201 to be ineligible for the application of the Act on Assistance to Patients from Actual aftereffects of defoliants, Etc. (hereinafter “the instant injury”). The Defendant was determined non-applicable as a result of a written examination by the Central Veterans Hospital on June 13, 2012.

On August 3, 2012, the Plaintiff filed an application for re-examination, and the Defendant, at the Central Veterans Hospital, rendered, on March 15, 2013, the same result of the previous examination, a decision on the application of the Act on defoliants to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Evidence No. 3-1 to 6, Evidence No. 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion died of the instant wound, the Plaintiff constitutes a bereaved family member of the patient suffering from actual aftereffects of defoliants as prescribed by the defoliant Act, the Defendant’s disposition of this case on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Medical opinion 1) The date and time of death in the medical certificate of December 12, 201: the date and time of death in the medical certificate of December 12, 201: (a) the cause of death in the type of death on December 11, 2011: (b) the direct death : (a) the cause of death in the type of death in the hospital : (b) the cause of an satisfying shocks); (c) the cause of satisfying pulmonary pulmonary lady, and (b) the cause of satson’s disease Da) = Tesson’s disease as of February 19,