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(영문) 서울행정법원 2016.07.15 2014구단8226

국가유공자(고엽제후유의증환자)유족등록거부처분취소

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. The deceased B (the deceased on July 27, 2005, hereinafter referred to as the "the deceased") entered the Army on May 17, 1967 and retired from the military service on December 31, 197 after he participated in the Vietnam War from June 11, 1969 to July 23, 1970.

B. On September 5, 2001, the Deceased filed an application for registration of defoliant patients on September 5, 2001 on the part of his/her death, and was judged to be in light of the level after having been recognized as a severe potential aftereffects of defoliants. On November 29, 2001, the Deceased filed an application for registration of patients suffering from defoliants on the part of his/her application for urine disease. However, on April 11, 2002, the Deceased was determined to fall short of the rating criteria.

C. After that, on January 17, 2012, the Act on Assistance to Patients suffering from Actual aftereffects of defoliants, etc. and Establishment of Related Associations (hereinafter “Ginson’s Act”) was amended on January 17, 2012; the Plaintiff, as the wife of the Deceased, died of the Deceased’s disease; and on April 13, 2012, the Defendant filed for registration as a bereaved family member of the patient suffering from actual aftereffects of defoliants with the Defendant on April 13, 2012. As a result of the examination of the veterans hospital, based on the opinion that “the Defendant, although having treated as a physical disability caused by thirical damage on the other side of the dead’s body, it should not be confirmed that the patient was suffering from actual aftereffects of defoliants.”

On January 28, 2013, the Plaintiff asserted that the deceased died from urology (hereinafter the instant injury) and filed an application for the registration of bereaved family members suffering from actual aftereffects of defoliants with the Defendant (hereinafter the instant application). The Defendant was suffering from urology with the deceased, and the Defendant was found to have been suffering from actual aftereffects of defoliants, but rendered a disposition of non-approval of the instant application on July 15, 2013 (hereinafter the instant disposition) in accordance with the resolution of the Board of Patriots and Veterans Entitlement that the deceased did not die from urology or urology, although it was found to have been actual aftereffects of defoliants.

E. The plaintiff is dissatisfied with the disposition of this case and is subject to administrative appeal to the Central Administrative Appeals Commission.