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(영문) 서울고등법원 2016.12.21 2016누55171
고엽제후유증환자유족등록거부처분 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the supplement of the following judgment, thereby citing this case in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. In full view of the language and amendment history of 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”) and the structure of support under the former Act on defoliants Act and the person who died of actual aftereffects of defoliants before the registration pursuant to Article 4, the term “a person who is recognized to have died of actual aftereffects of defoliants before the registration pursuant to Article 4” in the main issues of the instant case shall be construed as the person who died of actual aftereffects of defoliants before the completion of the registration pursuant to Article 4 of the former Act. Accordingly, the bereaved family members of a person registered as a patient suffering from actual aftereffects of defoliants and determined to have failed to meet the standards of classification shall be excluded from the application of the instant main issues.

Therefore, it is difficult to deem that the Plaintiff constitutes a bereaved family member under Article 8(1)1 of the former Act on defoliants.

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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