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(영문) 부산지방법원 2014.09.05 2013구합4188

유족신청비대상결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On February 10, 1966, the deceased B (hereinafter “the deceased”) who was the husband of the Plaintiff entered the Army as C, and participated in Vietnam from August 30, 1966 to August 29, 1967, and died on February 6, 2012. < Amended by Act No. 1879, Oct. 19, 1968; Act No. 1129, Feb. 6, 2012>

B. On April 18, 2012, the Plaintiff asserted that the deceased died of a bruent heart disease to the Defendant, and filed an application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants pursuant to Article 8(1) of the Act on Assistance to Patients Affected by Aggravated Injury, etc. and Establishment of Related Associations (hereinafter “Act”).

C. As a result of the deliberation of the Board of Patriots and Veterans Entitlement, it decided that the deceased did not meet the legal requirements on the ground that specific and objective medical data were not verified that the deceased died due to a brudial heart disease. On September 30, 2013, the Defendant issued a disposition rejecting the registration of bereaved family members of the deceased after the deceased (hereinafter “instant disposition”) on the ground that “the deceased cannot be deemed as having died of a brudial heart disease.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 11, Eul evidence No. 1 (including various numbers for each type of evidence), the assertion and judgment of the whole pleadings

A. On June 24, 2011, the deceased alleged as actual aftereffects of defoliants was diagnosed as a hyemic heart disease on the following grounds: (a) the deceased was diagnosed as having been suffering from a high-tension, urology, skin infection, and phalesis; (b) on January 29, 2012 in the course of treating the hye clisome, the deceased was treated as a hye hye hye hye hye hye hye hye hye hye hye hye hye hye, and died on February 6, 2012; and (c) the deceased’s direct hye hye hye hye hye hy

Therefore, the instant disposition rejecting the Plaintiff’s application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants is unlawful.

B. Relevant statutes are attached thereto.