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(영문) 인천지방법원 2015.01.27 2014구단10025

고엽제후유증환자유족 등록거부처분 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. The Plaintiff’s spouse, Nonparty B (hereinafter “the deceased”), who entered the Vietnam War on April 13, 1968, and was discharged from military service on September 30, 1983, and was determined as having been suffering from potential aftereffects of defoliants due to a brue heart disease, died on February 25, 201, while receiving support.

B. Following the amendment of the Act, when the toxic heart disease was changed to actual aftereffects of defoliants due to the amendment of the Act, the Plaintiff applied for the registration of bereaved family members of the patient suffering from actual aftereffects of defoliants to the Defendant on August 24, 2012, and the Defendant decided on July 25, 2013 on the ground that it is difficult to deem that the deceased died due to the potential aftereffects of defoliants following the deliberation of the Board of Patriots and Veterans Entitlement, and thus, the Plaintiff did not meet the requirements for bereaved family members of the Korean War Veterans from actual aftereffects of defoliants

(hereinafter referred to as “instant disposition”). C.

The plaintiff appealed against this and filed an administrative appeal, but was dismissed on October 22, 2013.

[Ground for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers for those with a serial number)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased was receiving treatment of her Hemical heart disease until her death, and even in the death diagnosis report, the preceding deather was acutely influence, so it is sufficiently recognized that the deceased died due to her Hemical heart disease.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In recognition and medical opinion (1) The Deceased was conducted by the Acheon University Hospital on June 4, 2003, and was judged as having been suffering from potential aftereffects of defoliants on August 2, 2006.

(2) From May 5, 2009, the Deceased was hospitalized in C Hospital from May 11, 2009 because he was unable to move, and was hospitalized in C Hospital on February 23, 201, and on February 25, 2011, there was only expansion of the Gu soil and clothes, and from February 25, 201 to February 07:00 to 11:00.