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(영문) 창원지방법원 2019.07.18 2016구합50905
고엽제후유(의)증환자비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff’s spouse B (hereinafter “the deceased”) entered the Gun on December 29, 1966, and participated in the Vietnam War from November 3, 1967 to March 10, 1969, and was discharged on October 30, 1969.

B. The Deceased died on April 7, 1997.

C. On April 5, 2012, the Plaintiff filed an application for the registration of bereaved family members of patients suffering from actual aftereffects of defoliants on the ground that the Deceased died of a her her her her her her her her her her her son, but the Defendant rendered a decision on September 3, 2012 on the ground that “the her her her her her her son’s her son’

On November 20, 2015, the Plaintiff filed an application for the registration of bereaved family members of patients suffering from actual aftereffects of defoliants with the Defendant on the same ground. On January 20, 2016, the Defendant rendered a decision to be ineligible for the application of the Act on actual aftereffects of defoliants to the Plaintiff on the ground that “no materials related to death exist.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1, 2, 5, Eul 1-4, the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. As the Plaintiff’s deceased died in the cardiopulmonary color, which is a bruent heart disease that constitutes actual aftereffects of defoliants, the Plaintiff, the wife of the deceased, constitutes a bereaved family member of a patient suffering from actual aftereffects of defoliants as prescribed by Article 8(1)1 of the former Act on Assistance to Patients suffering from Actual or Potential Diseases, Etc. and Establishment of Related Associations (Amended by Act No. 13605, Dec. 22, 2015; hereinafter “former Act”).

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

C. 1) The Deceased was diagnosed by C Hospital on July 5, 1995, and received treatment. 2) The Deceased was registered with a disabled person with physical disability 3 to 5 around 1996.

3) The death diagnosis report on the deceased is written by the direct master on the part of the body of cardiopulmonary function, and the interim winner on the part of the body of the body of the deceased on the condition that the examination report on the records of the medical examination on the director of the Busan University Hospital is as follows.

In this case, the cause of death is a bruent heart disease, including a cardiopulmonary color.

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