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(영문) 수원지방법원 2016.02.03 2015구단1889
고엽제휴유증환자유족등록거부처분취소
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 June 12, 1970, the Plaintiff’s husband who entered the military service and participated in the Vietnam War from September 29, 1971 to September 24, 1972, and was discharged from military service on April 19, 1973, and died on October 10, 198.

B. On June 20, 2013, the Plaintiff asserted that the deceased died of an actual aftereffects of defoliants (hereinafter “the instant injury”) and applied for registration as a bereaved family member of the patients suffering from actual aftereffects of defoliants. However, on May 1, 2014, the Defendant rendered a non-applicable decision to the Act on Support for Patients of defoliants and Establishment of Related Associations (hereinafter “instant disposition”) on the ground that objective medical data that the deceased died of the instant injury were not verified (hereinafter “instant disposition”).

[Reasons for Recognition] Each entry of Gap evidence Nos. 4 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died from the instant wound, and the Plaintiff constitutes a bereaved family member of the patient suffering from actual aftereffects of defoliants as prescribed by the defoliant Act, but the Defendant’s disposition on a different premise is unlawful.

B. Determination 1) In order to become a bereaved family member under Article 8(1) of the defoliant Act, the causal relationship between the actual aftereffects of defoliants and the death of the Vietnam War veteran should be recognized. However, such causal relationship is not necessarily required to be proved clearly by medical and natural science, but it should be presumed that there is proof if there is a proximate causal relationship between actual aftereffects of defoliants and the death in consideration of various circumstances. 2) Comprehensively taking into account the evidence and the whole purport of the arguments, including the examination of the instant case, Gap evidence No. 1 and No. 2, and the inquiry of the fact to the National Scientific Investigation Agency of this Court, as well as the following circumstances recognized by the purport of the entire arguments, the deceased is the instant wound, the actual aftereffects of defoliants.

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