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(영문) 인천지방법원 2019.06.25 2016구단50911

국가유공자유족비해당결정취소

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 April 2, 1967, the Plaintiff’s husband B (CB, hereinafter “the deceased”) entered the Army on April 2, 1967, and served in the Vietnam War area from December 19, 1967 to February 15, 1969, and discharged the Plaintiff from active service on April 11, 1972.

B. On March 4, 2011, the Deceased was recognized by the Defendant as having potential aftereffects of defoliants, and as a result of the physical examination on the classification of injury ratings, the Deceased was determined as Class 7 202 (Laurology), Grade 7 7 702 (Laurology increase 1.5) and registered as a person of distinguished service to the State, who was killed or wounded in action.

C. On October 22, 2015, the Deceased was killed on February 3, 2016 during the process of performing an operation at the D General Hospital located in Busan Metropolitan City and undergoing hospitalized treatment. On February 1, 2016, the lapitis caused by typosis infection was diagnosed and transferred to an E hospital for emergency operations, and during the process of an operation, the Deceased died on February 3, 2016.

In the death diagnosis report, a direct death person is written as a "pathos of urgency" and the intermediate winner and the preceding purchaser were not written as a disturbance.

On February 26, 2016, the Plaintiff filed an application with the Defendant for confirmation of the death of an injury, which caused the death of the Deceased.

On April 22, 2016, the Defendant determined the Deceased as a class-7 emergency watcher and notified the Plaintiff on the ground that “the direct medical causal relationship between the urology and the urology of the urology is not verified.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-3, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was caused by the “14-year cathologic disease” by the Plaintiff’s cathologic disease, and the Plaintiff’s catal cathologic catal cathologic catal cathologic catal cathologic catal catal catheric catal catal catal catal catal cat

Therefore, there is a proximate causal relation between the death of the deceased at the urology.