국가유공자등록거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for this part of the facts of recognition are as follows, except in the case where the court finds the reasons for this part as follows: (a) as stated in the part concerning “1. Disposition” between the first and third pages of the judgment of the court of first instance; and (b) thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
On February 4, 2014, the judgment of the court of first instance (hereinafter “former Act on defoliants”) stated that “The Veterans Examination Committee rendered a decision that the deceased does not meet the requirements of Article 8(1) of the former Act on Assistance to Patients from Actual or Potential Diseases, Etc. and Establishment of Related Associations (amended by Act No. 14252, May 29, 2016; hereinafter “former Act on defoliants”).”
On March 10, 2016, the head of the Central Veterans Hospital notified the Defendant on March 10, 2016 of the deceased’s results of the deceased’s examination. The Board of Patriots and Veterans Entitlement deliberated and decided on April 26, 2016 that the deceased does not meet the requirements of Article 8(1) of the former Act on defoliants.
The three pages of the judgment of the court of first instance are as follows: "Nos. 1 through 7" and "Nos. 7 and Nos. 1 through 7".
2. Since the Plaintiff’s assertion was exposed to defoliants as a Vietnam War and died of the “non-developed ambane cancer” that constitutes actual aftereffects of defoliants, the Plaintiff should be registered as the bereaved family members of the patients suffering from actual aftereffects of defoliants, since the Plaintiff’s claim was malicious to other organs, etc.
Therefore, the instant disposition that rejected the registration is unlawful.
3. Under Articles 2 subparag. 2(a) and 5(1)1 of the former defoliant Act, a person discharged from actual service after serving as a soldier in the Vietnam War and suffers from a disease of “non-faccinite cancer” is a patient suffering from actual aftereffects of defoliants.
According to Article 8(1)1 of the same Act, the above patients suffering from actual aftereffects of defoliants are the same.